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February 15, 2024
In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise...
February 14, 2024
The USPTO Director is under no obligation to institute petitions for inter partes review, even if a petition technically meets all of the requirements for institution. There are two...
December 18, 2023
The U.S. Patent and Trademark Office’s (USPTO’s) 2023 has been one marked by a push towards further modernization and reduction of environmental impact, while also attempting to increase administrative efficiency.
July 15, 2023
More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings. Congress could hardly have been more explicit. The provisions were...
June 27, 2023
Last week was a big one for the potential future of the U.S. patent system. The deadline for comments on the USPTO’s ANPRM was Tuesday, June 20. Then, on Thursday, Senators introduced two new bills that would have major implications for patent eligibility law and PTAB practices, respectively.
May 17, 2023
On April 21, 2023, the U.S. Patent and Trademarks Office (USPTO) published an advance notice of proposed rulemaking seeking comments On April 21, 2023, the U.S. Patent and Trademarks Office (USPTO) published an advance notice of proposed rulemaking seeking comments...
May 10, 2023
The USPTO is considering changes to provide a framework to guide practitioners and the PTAB in assessing the circumstances that warrant the PTAB’s exercise of its discretion to deny a...