Impact of New USPTO Interim Procedures on Discretionary Denial of AIA Proceedings
By EsqSocial Corporation 02/05/25
Key Takeaway: The USPTO has reinstated earlier discretionary denial standards (including Fintiv) and introduced a new two-phase review process, which is expected to lead to more frequent denials of IPR petitions. Both patent challengers and owners should prepare for increased procedural complexity, tighter briefing deadlines, and heightened scrutiny in post-grant proceedings....
By: Baker Botts L.L.P.