On Aug. 10, 2018, the USPTO released its first update to the Trial Practice Guide (TPG Update) since its initial publication in August of 2012. Practitioners appearing before the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR), post grant review (PGR), and covered business method (CBM) proceeding should follow these guidelines as they offer new tools and highlight caveats in what are recognized as rule-intensive proceedings.

In the TPG Update, the USPTO states: “[i]n order to expedite these updates and provide guidance to the public as quickly as possible, the Office has chosen to issue updates to the Practice Guide on a section-by-section, rolling basis, rather than a single, omnibus update addressing all aspects of the current Practice Guide.” See U.S. Patent and Trademark Office, Trial Practice Guide Update (August 2018), page 2.