USPTO to Propose New PTAB Discretionary Denial Procedures in Upcoming Rulemaking Initiative

The U.S. Patent and Trademark Office (USPTO) is set to engage in the notice-and-comment rulemaking process for a new set of procedures regarding the Patent Trial and Appeal Board (PTAB). This initiative was discussed during a recent webinar attended by a panel of judges and agency personnel. The proposed procedures will empower the USPTO director with the discretion to determine whether petitions challenging patents at the PTAB should be denied based on discretionary grounds. According to the panel, this potential change aims to streamline the decision-making process within the PTAB framework. For further details, visit the full article on Law360.