On May 27, 2020, the Federal Register published proposed rule changes to trial procedures before the PTAB. The rule changes address and codify the following:

(1) Institution will be on all challenged claims or none, and on all asserted grounds if there is institution;

(2) Permit sur-replies to principal briefs, and response and replies to decisions on institution; and

(3) Eliminate the presumption in favor of the petitioner at the institution phase for a genuine issue of material fact created by testimonial evidence submitted in a preliminary response from a patent owner.

Comments to the rules must be received by the USPTO by June 26, 2020.

The rules are published at 85 FR 31728 (May 27, 2020), and can accessed here.