The Acting Director has discretionarily denied more than 60% of PTAB Petitions and referred about 40% to the PTAB, which found over 90% merit worthy.
The Patent Office Professional Association (POPA) has filed a charge against the USPTO regarding denied representation during discussions about employee policies, alleging violation of fair labor practices.
The new interim procedure bifurcates discretionary denial issues from merits and puts the determination of discretionary denial solely in the hands of the USPTO Director.