The U.S. Patent and Trademark Office is seeking comment on possible regulations for granting or denying patent tribunal validity trials, a process for which the agency has relied on precedent and practice guidance.
The Patent Trial and Appeal Board’s discretion to hold or deny a validity trial has been a major focus for the agency under director Andrei Iancu.
“Rulemaking will accomplish two things,” Michelle Armond, a founding partner at Armond Wilson LLP, said. “First, it will synthesize and clarify the patent office’s many decisions on institution. And second it will cement the director’s authority over institution.”
The announcement comes ...