"The U.S. Patent and Trademark Office has implemented a bifurcated approach to streamline the process of reviewing inter partes and post-grant petitions."
"This memorandum changes the institution decision-making process to separate discretionary factors from substantive merits, improving efficiency in the Patent Trial and Appeal Board."
On March 26, 2025, the U.S. Patent and Trademark Office introduced a new interim process for handling institution decisions in inter partes reviews and post-grant reviews. The new bifurcated framework separates discretionary considerations from substantive merits, thus streamlining decision-making at the Patent Trial and Appeal Board (PTAB). This process involves a two-phase evaluation where the Director first assesses discretionary denial factors, and if none apply, the case proceeds to a PTAB panel for merits evaluation. These changes are aimed at improving efficiency and clarity for both patent owners and petitioners.
Read at Intellectual Property Law Blog
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