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United States Patent and Trademark Office › Rulemaking Process › Post-Grant Review

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Haug Partners LLP

The PTAB’s Overhaul of Its Discretionary Denial Procedures Signals a Pro-Patent Pivot

Haug Partners LLP on

Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)....more

Fish & Richardson

2024 Post-Grant Annual Report

Fish & Richardson on

Fish & Richardson’s 2024 Post-Grant Report takes a deep dive into the cases, trends, and statistics that shaped Patent Trial and Appeal Board (PTAB) practice throughout the year and how they might affect practitioners going...more

Jones Day

PTAB Claim Construction Final Rule Announced

Jones Day on

The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM)...more

Jones Day

Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?

Jones Day on

Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s...more

Polsinelli

USPTO Seeks to Change BRI Patent Claim Construction Standard

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The United States Patent Trademark Office announced on May 8 that it proposes to replace the broadest reasonable interpretation (“BRI”) standard for construing unexpired patents with the same standard used in Federal district...more

Troutman Pepper

USPTO Responds To Criticism By Promising PTAB Rule Changes That Should Benefit Patent Owners

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Newly appointed USPTO Director Michelle Lee has responded to public criticism of the post-grant patent review mechanisms provided by the America Invents Act (AIA) by announcing in her blog last week that the government will...more

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