As a result of recent changes in the PTAB rules of practice, counsel for patent owners should consider whether there are opportunities to identify factual deficiencies in petitions. Counsel for petitioners in inter partes review proceedings should recognize that they might not have the opportunity to supplement any factual deficiencies, and should include all support with the petition.

Originally published in Bloomberg BNA's Patent, Trademark & Copyright Journal® - June 17, 2016.