Wednesday, October 13 2021   \  Published by Patentlyo.

How does the USPTO Decide the Discretionary Aspect of Institution?

In February 2021, US Inventor and others collectively sude the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. That case is now on appeal. 

Standards for Discretionary Dismissals: The statute particularly requires the PTO Director to issue regulations "setting forth the standards for the showing of sufficient grounds to institute a review (and) shall consider the effect of any such regulation on the economy, the integrity of the patent system, the efficient administration of the office" Continue Reading

Ready to Get Started?

Contact Sales