USPTO Eyes Potential Rules For AIA Review Denials

Law360 (October 19, 2020, 10:27 PM EDT) -- The U.S. Patent and Trademark Office said Monday that it is considering implementing formal rules on when it can refuse to review patents under the America Invents Act, an issue that has recently spurred a lawsuit and a call for a congressional investigation into the agency's policies.

In a Federal Register notice set to be published Tuesday, USPTO Director Andrei Iancu said the office is seeking public comments until Nov. 19 on the ways the Patent Trial and Appeal Board uses its discretion to deny petitions challenging patents in inter partes reviews, such as when a trial over the patent is...

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