Acting USPTO Director Coke Morgan Stewart has issued a precedential decision that establishes IDS-cited art as grounds for discretionary denial in IPR petitions, with an exception for large IDS submissions. Petitioners are now required to prove examiner error in cases involving previously considered art. This decision is part of broader reforms at the USPTO aiming to enhance patent holder protections, reflected in dropping IPR institution rates and changes in discretionary denial guidelines and review processes implemented since early 2025.
Acting USPTO Director Coke Morgan Stewart's precedential decision in Ecto World v. RAI Strategic Holdings establishes grounds for discretionary denial based on IDS-cited art, underlining a notable shift in PTAB practice.
The decision mandates that petitioners must demonstrate examiner error if their IPR petition is based on art previously considered during the original prosecution, raising the bar for petitioners.
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