"Whether, after all of this process, there will in fact be greater clarity, without jeopardizing the availability of proceedings that were supposed to improve and ensure patent quality and provide a quick and cost-effective alternative to district court litigation, remains unknown."Between the precedential Fintiv decision in March of 2020 and Director Vidal's Guidance Memo regarding the application of Fintiv in June of 2022, the discretionary denial rates of inter partes review (IPR) institution decisions under 35 U.S.C. § 314(a) plummeted from 40-50% to 11-16%.
#effectively #organizations #application #availability #proceedings #complications #intellectual-property
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