PTO Changes to Follow Supreme Court’s Arthrex Ruling, Attorneys Predict

The Supreme Court of the United States issued its decision in United States v. Arthrex, giving the director of the U.S. Patent and Trademark Office the power to review the decisions of administrative patent judges (APJs). Finnegan partner Jason Romrell provided his thoughts on the ruling.

Jason said, “It is likely that the PTO will soon issue guidance as to how this discretionary review process will be implemented. It remains to be seen how often the director will actually exercise this new discretionary review authority, and how often discretionary review will actually make a difference in the outcome.”

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