Acting USPTO Director Coke Morgan Stewart's memo introduces a new 'Interim Process for PTAB Workload Management'. This restructuring centralizes the discretionary denial authority to the Director and is expected to escalate the denial rate for IPR/PRG petitions. The shift aims to curb patent trolling while managing PTAB's heavy workload due to staff shortages. The memo also grants patentees more opportunity to address discretionary denials in briefs, potentially influencing cases in district courts by encouraging quicker trial settings.
In a significant procedural shift, the USPTO Director has announced a new "Interim Process for PTAB Workload Management" that fundamentally changes how AIA patent challenges are handled.
The memorandum bifurcates the institution decision process by centralizing discretionary denial authority with the Director herself, which is expected to increase IPR/PRG petition denials.
The USPTO appears motivated to increase discretionary denials to protect patentees from harassment while also addressing workload management due to staffing shortages.
The new rule provides substantial space for patentees to brief the issue of discretionary denials, affecting district court proceedings and trial timelines.
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