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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...
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...
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.
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...
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.