The Patent Trial and Appeal Board (PTAB) has experienced changes in its discretionary denial processes, particularly regarding inter partes reviews (IPRs). A new bifurcated decision-making process has been introduced, separating discretionary considerations handled by the Director from the merits evaluated by PTAB panels. This approach has led to a notable decrease in the institution of IPRs. The interest in discretionary denials by the USPTO has fluctuated with changes in presidential administration, with heightened scrutiny and complexity in the process observed in recent months.
The USPTO has implemented a bifurcated approach for IPR and PGR decisions, separating discretionary considerations from the merits and statutory evaluations, resulting in fewer instituted IPRs.
Discretionary denials have become increasingly prominent, particularly with changing leadership at the USPTO, reflecting a shift in approach towards IPR challenges over recent administrations.
Collection
[
|
...
]