Analysis

What You Should Know Before Requesting A PTAB Rehearing

Law360, New York (February 13, 2017, 5:10 PM EST) -- It's no secret the Patent Trial and Appeal Board has been reluctant to grant rehearings during America Invents Act review proceedings, but despite the long odds, there are times attorneys say it might still make sense to ask the board to rethink an earlier decision.

The PTAB allows parties who aren't satisfied with a final decision or a decision to institute review of a patent to seek a rehearing. No recent statistics were readily available, but attorneys said conventional wisdom puts the success rate of rehearing requests in the low single digits.

"Overall, I would say that when it comes to...

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