USPTO’s PTAB Proposals Under Congress Microscope

Patent Trial and Appeal Board (PTAB) practitioners are debating whether Congress members did the right thing by questioning the USPTO’s recent Advance Notice of Proposed Rulemaking. During a recent House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet meeting, several members of Congress suggested that the USPTO didn’t have the authority to enact some of the proposed changes. They raised concerns around the deadline to file inter partes review (IPR) petitions, director review, and subject matter eligibility.

Finnegan partner Joshua Goldberg told Managing Intellectual Property that, “A lot of Congress members were expressing desires during the hearing to do something legislatively. But they’re legislators. If they want to do that, they need to do that.”

Some counsel are expecting that because of the outcry, the office will issue a much more modest rule package. However, Josh  says he doesn’t see what the USPTO could do differently. “It may be that some stakeholders don’t like what’s ultimately proposed, but it’s not clear what other option the USPTO has.”

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