There is a growing consensus that the existing rules need to be revised to address loopholes and unintended consequences that have developed over the 10 years the America Invents Act (AIA) has been in effect.
The stated purpose of this rulemaking process was to "to better align the practices with the USPTO's mission to promote and protect innovation and investment in the same, and with the congressional intent behind the American Invents Act (AIA) to provide a less-expensive alternative to district court litigation to resolve certain patentability issues while also protecting against patentee harassment."
Those comments are currently being considered for a Notice of Proposed Rulemaking (NPRM), which, after a comment period, would issue as final rules.
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