Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?
IP Tech Blog
MARCH 29, 2023
The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. Intri-Plex Techs. and Apple Inc. Fintiv, Inc. Apple et al.’s
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