Tag: rulemaking
ANPRM’s Ex Parte Reexamination Proposals are Deeply Flawed
The U.S Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking (ANPRM) has spurred a range of commentary and criticism—mostly the latter—from current and former members of C...
New Report Reaffirms Danger Patent Trolls Pose to Manufacturers, Small Businesses
People whose business models are threatened by strong post-grant review and improved patent quality continue to assert that non-practicing entities (NPEs) and the patent troll narrative is a myth or a...
Biden’s Regulatory Office Must Closely Review USPTO Rulemaking that Impacts our Economy
In September, President Biden formally nominated Richard Revesz, former Dean of the New York University School of Law, to be Administrator of the Office of Information and Regulatory Affairs (OIRA). T...
Comments on USPTO’s Newest Regulation Overall Oppose Discretionary Denial Rules
The USPTO is considering whether to enshrine discretionary denial of inter partes review cases into regulation. Last week, comments were due on the most recent portion of this process. (CC...
Comments Emphasize Flaws In PTO Proposal To Remove Pre-Institution Presumption
Recently, the Patent and Trademark Office (PTO) proposed a concerning new rule. It would create serious due process problems, violate the Administrative Procedure Act (APA) by changing an agency...
Thryv, the PTAB, and the APA
April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR). But by placing an absolute bar on appeal of institution decisions,...