Revamped PTAB Procedures Spur Wave Of Precedent

Law360 (October 1, 2019, 8:05 PM EDT) -- Over the past 12 months, the U.S. Patent and Trademark Office has actively used new procedures to shape policy at the Patent Trial and Appeal Board, although it faces questions about the level of deference a new panel should be given.

September marked the one-year anniversary of revisions made to the PTAB's operating procedures. Among the changes was a new path to setting precedent at the board, with a streamlined process for highlighting existing decisions and the creation of a special panel to tackle thorny issues.

POP Review

The special panel, the Precedential Opinion Panel, was designed to develop "binding agency...

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