On April 26, 2016, the US Patent and Trademark Office (USPTO) issued a final rule correcting the final rule it issued on April 1, 2016, which revised the rules for trial practice before the Patent Trial and Appeal Board (PTAB).

One of the key amendments in the April 1 document inadvertently included "grounds for standing" as material that is exempt from the new petition word count under 37 C.F.R. 42.24(a)(1). The corrected final rule clarifies that the second sentence of §42.24(a)(1) should state that the word count or page limit does not include a table of contents, a table of authorities, mandatory notices under § 42.8, a certificate of service or word count, or appendix of exhibits or claim listing.

For more information on the original final rule, see Legal Update, USPTO Amends PTAB Trial Practice Rules.

The corrected rule will go into effect May 2, 2016.