Foley & Lardner LLP senior counsel Roberto Fernandez assessed new procedures at the U.S. Patent and Trademark Office (USPTO) in the Law360 article, “New Procedures Expected To Result In More PTAB Denials.”
Commenting on a memo from the acting USPTO director intended to address the Patent Trial and Appeal Board’s (PTAB) “workload needs,” Fernandez said “it’s almost as it that’s now a factor in the discretionary denial analysis, which previously didn’t exist.”
“I think what you’ll see is each of these bullet points fleshed out in short order,” and that will “lay the groundwork for future PTAB institution decisions,” he added.
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