The petitions to the USPTO argue that the PTAB's heightened standard for plant utility claims is harming competition in seed markets and deterring challenges.
Inari alleges that the new PTAB presumption of patentability requires challengers to access seed deposits, creating an unfair burden not faced during initial patent examination.
The PTAB concluded Inari failed to adequately compare the patent claims to prior art, which they argue negatively impacts fair competition in the seed industry.
Inari views the requirement for challenging patents—accessing seed deposits—as creating undue infringement risks, making it nearly impossible for them to contest the patents.
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