Analysis

More Than Fintiv: What To Know About The PTAB Revision Bill

By Dani Kass (October 1, 2021, 10:14 PM EDT) -- A bipartisan bill introduced in the Senate looking to narrow the Patent Trial and Appeal Board's use of discretionary denials also features important provisions on estoppel, grounds for invalidation and deadlines. But there's a proposal Congress has been asked to address repeatedly that isn't in there at all: patent eligibility.

Sen. Patrick Leahy, D-Vt., on Sept. 29 introduced the Restoring the America Invents Act along with Sen. John Cornyn, R-Texas, 10 years after the Leahy-Smith America Invents Act was enacted. It's mostly gained attention for how it would rein in the ability of PTAB judges to consider the timing of co-pending litigation...

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