Consolidated Trial Practice Guide, November 2019

In November 2019, the United States Patent and Trademark Office published a second edition of the America Invents Act (AIA) Trial Practice Guide (Practice Guide) to incorporate the Practice Guide updates released in August 2018 and July 2019 into the original August 2012 Practice Guide. The second edition consolidates all updates of the Practice Guide into a single document. This second edition also includes additional revisions for greater consistency across all sections of the newly consolidated guide.

Updated guidance included in the November 2019 edition

• Institution of trial after SAS Institute Inc. v. Iancu , 138 S. Ct. 1348 (2018)
• Use of sur-replies in lieu of observations
• How parties may contact the Board to request an initial conference call
• Use of word counts
• Updates to the sample scheduling order for derivation proceedings
• Updates to the default protective order

Trial Practice Guide resources and updates

• Consolidated Trial Practice Guide November 2019
• Trial Practice Guide July 2019 update
• Trial Practice Guide August 2018 update
• Trial Practice Guide August 2012

More information about AIA trials can be found on the PTAB webpage .