Robert L. Maier Patent Office Provides Guidance on Discretionary Denials in Post-Grant Proceedings
USPTO guidelines provide welcomed clarity and certainty—for both patent owners and petitioners—regarding application of the 'Fintiv' factors, and effectively provide a number of "safe harbors" against 'Fintiv' discretionary denials when there is parallel district court litigation.
July 27, 2022 at 12:00 PM
7 minute read
Intellectual Property
Inter partes review proceedings, or IPRs, and their related proceedings have become a fixture in modern patent disputes. These proceedings, implemented in 2012 after President Obama signed into law the America Invents Act (AIA), provided a new, cheaper, and faster means for challenging the validity of patents at the U.S. Patent and Trademark Office (USPTO). Patent challengers were offered a new mechanism for petitioning the USPTO's then newly-created Patent Trial and Appeal Board (PTAB), in an inter partes proceeding that also involves the patent owner.
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