The article discusses the significant changes in procedures for addressing discretionary denials in inter partes review (IPR) proceedings following the rescission of guidance from former USPTO Director Vidal. The newly instituted interim procedure, effective March 26, 2025, separates discretionary denial issues from the merits of cases, allowing patent owners and petitioners to address these concerns more comprehensively within a designated word limit. The USPTO Director will now make the final decision on whether to exercise discretionary denial, creating a clearer and more structured approach to these critical legal arguments.
The new interim procedure bifurcates discretionary denial issues from merits and puts the determination of discretionary denial solely in the hands of the USPTO Director.
The previous approach required a limited discussion of discretionary denials as part of the general petition, often limiting the focus on substantive merits.
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