Analysis

3 Emerging Trends At The PTAB

Law360, New York (May 4, 2017, 9:33 PM EDT) -- Decisions from the Federal Circuit and a booming docket mean the Patent Trial and Appeal Board is constantly adjusting its approach, whether that's by taking a harder look at obviousness arguments or by coming down on challengers who cite references previously considered by patent examiners. Here are a few recent trends emerging from the board.

More Emphasis on Explanations

The Federal Circuit has issued a string of decisions in the past year that fault the PTAB for not better explaining its reasoning when deciding that a patent is invalid as obvious. It appears the board has taken those lessons to heart,...

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