PTAB Discretion to Institute Trials: PTO seeks comments whether to propose rules

On October 20, 2020, the PTO published in the Federal Register a request for comments about whether it should embark on a formal notice-and-comment rulemaking process directed to how the PTAB exercises its discretion in deciding whether to institute an AIA trial. 85 FR 66502. “The United States Patent and Trademark Office (Office or USPTO) seeks public comments on considerations for instituting trials before the Office under the Leahy-Smith America Invents Act (AIA)......
By: Foley & Lardner LLP

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