The U.S. Patent and Trademark Office (USPTO) announced that it will seek public comments on the implementation of formal rules regarding how the Patent Trial and Appeal Board (PTAB) uses its discretion to deny petitions challenging patents in inter partes review (IPR) proceedings, particularly in instances where there is a parallel district court case. Law360 interviewed Finnegan partner Kevin Rodkey for his thoughts on the agency’s request for public comments.
Kevin said, “The notice is really seeking comments on whether or not the PTO should promulgate rules related to the discretionary denials. So it's kind of the first step before they get to the rulemaking process.” He added, “The USPTO is probably going to get a broader spectrum of comments than going through and trying to do it with precedential decisions.”
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