USPTO Memorandum Bifurcating PTAB Institution Process Signals Shift Toward Increased Discretionary Denials in IPR and PGR
By EsqSocial Corporation 04/04/25
New Interim Process for Patent Trial and Appeal Board Workload Management - The USPTO has fundamentally altered the PTAB institution decision framework through a March 26, 2025, memorandum from Acting Director Coke Morgan Stewart. In a significant departure from existing practice, the memorandum details the Acting Director’s decision to bifurcate discretionary denial determinations from merits-based reviews. This update analyzes the procedural changes and their implications for PTAB practice....
By: Bracewell LLP