Coke Morgan Stewart, the Acting Director of the USPTO, announced new interim procedures to manage the workload at the Patent Trial and Appeal Board (PTAB). This change is meant to address ongoing concerns and ensure the PTAB meets its responsibilities regarding ex parte appeals. The recent memo rescinds the previous policies set by former Director Kathi Vidal regarding discretionary decisions in inter partes reviews and post-grant reviews. The new interim process aims to lead to improved efficiency and quality in decision-making of patent cases.
We expect that the interim procedures will lead to significant efficiencies, expand capacity at the PTAB, and lead to higher quality decisions.
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