USPTO’s Policy Shift on Discretionary Denial Spurs Potential Federal Circuit Reevaluation

The recent decision by the U.S. Patent and Trademark Office (USPTO) to withdraw guidance concerning its discretionary denial policy has sparked significant discussion in legal circles. This shift in policy has been cited by VLSI Technology as a reason for the Federal Circuit to reconsider a previous decision involving a VLSI chip patent. The patent had been reviewed under the now-withdrawn guidance. VLSI asserts that this change enhances their appeal to the Patent Trial and Appeal Board (PTAB). For a more detailed analysis provided by the patent owner, [read more here](https://www.law360.com/articles/2322165/vlsi-argues-fintiv-memo-withdrawal-enhances-ptab-appeal).