USPTO Upholds Decision on Non-Retroactive Application of New PTAB Denial Policy

In a recent decision, Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart determined not to apply her new policies retroactively regarding Patent Trial and Appeal Board (PTAB) decision denials. Specifically, Stewart rejected Efficient Power Conversion’s request that these policies be applied to a case from the previous year, which resulted in the invalidation of the company’s patent. This decision signifies a clear stance on maintaining the current framework of PTAB processes without retroactive adjustments. For more details on this development, visit the report on Law360.