uspto-issues-rulemaking-ptab-discretionary-denials Article Related Topics 
IP Watchdog
JUNE 20, 2023
Patent and Trademark Office’s (USPTO’s) advanced notice of proposed rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices, the agency had received nearly 14,000 comments.
IP Watchdog
MARCH 13, 2023
Patent and Trademark Office (USPTO) Director’s instructions to the Patent Trial and Appeal Board (PTAB) regarding discretionary denial practice under Apple Inc. were made without proper notice-and-comment rulemaking. Fintiv, Inc.
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Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 30, 2022
Read the full article in The National Law Journal. This article will compare certain provisions of these bills and discuss the potential impact they may have on post-grant practice should they be enacted, particularly in light of recent guidance from U.S. Tackling Discretionary Denials. PDF copy available.
Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 20, 2022
discuss recent post-grant developments at the United States Patent and Trademark Office (USPTO). The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Read the full article at Westlaw Today. PDF copy available.
Patently-O
OCTOBER 11, 2021
In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Abuse of Discretion : Courts and administrators are often given discretionary authority to make decisions.
LexBlog IP
APRIL 24, 2023
Unnecessarily Ambitious Late last week the USPTO issued an Advanced Notice of Proposed Rulemaking (ANPRM) that floated numerous rule proposals and requests for feedback — too numerous. Exclude PGR from discretionary denial based on parallel litigation? Fintiv as modified by the Director Memo of June 2022.
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