Analysis

PTAB Aims To Lessen Influence Concerns With New Process

By Ryan Davis (May 27, 2022, 10:39 PM EDT) -- A new U.S. Patent and Trademark Office process for reviewing draft Patent Trial and Appeal Board decisions before issuance provides welcome clarity about the board's behind-the-scenes operations and seeks to defuse concerns that the USPTO director influences outcomes, attorneys say.

The process outlined in an announcement Thursday explains that PTAB panel decisions in America Invents Act reviews are circulated among another group of PTAB judges before they are issued to solicit feedback about potential conflicts or inconsistencies with the law or other decisions.

The office already had a group that performed largely the same tasks, although the announcement gave it a...

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