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ARTICLE · 02 APRIL 2025

PTAB Announces Bifurcated Process For Consideration Of Discretionary Denial Issues

Jones Day
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A new interim process for the Director to exercise discretion as to whether to institute an inter partes review(IPR) or a post grant review (PGR) was announced on March 26, 2025, in which discretionary considerations and merit-based statutory considerations are bifurcated.

United StatesIntellectual Property
Jennifer Chheda
Jennifer Chheda
Yi Han Dulkeith
Yi Han Dulkeith
Tova Werblowsky
Tova Werblowsky
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A new interim process for the Director to exercise discretion as to whether to institute an inter partes review(IPR) or a post grant review (PGR) was announced on March 26, 2025, in which discretionary considerations and merit-based statutory considerations are bifurcated.

On March 26, 2025, the U.S. Patent and Trademark Office (USPTO) Acting Director sent a memorandum regarding a new interim process for workload management to all Patent Trial and Appeal board (PTAB) judges. The aim of the process is to improve PTAB efficiency and balance resources between post-grant proceedings and ex-parte appeals, while promoting "consistent application of discretionary considerations in the institution of AIA proceedings."

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