USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement

On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder feedback responsive to the USPTO’s October 2020 Request for Comments and its April 2023 Advance Notice of Proposed Rulemaking. Topics include a new procedure for patent owners to request discretionary denial, institution of serial and parallel petitions, and pre-institution settlement agreements....
By: Jones Day

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