Archives: USPTO

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USPTO Updates Accelerated Examination Program – Program Still Creates a Record That Could Be Cited Against Patent Owners in Post-Grant Trials

Today, the USPTO published a notice updating the accelerated examination program and noting that the USPTO plans to publish a request for comments to seek public input on whether there is value in retaining the program. Back in 2006, the USPTO introduced the accelerated examination program to allow for expedited prosecution if an applicant performed … Continue Reading

PTAB Says: Abuse of Process and Improper Use Discovery is Moot in Denial of IPR Petition

In a recent decision on yet another inter parties review petition brought by billionaire hedge-fund manager Kyle Bass through one of his Coalition for Affordable Drugs entities, the PTAB denied institution of an IPR against Biogen International GmbH (IPR2015-01086 at Paper 18, October 27, 2015). The Board found that the Petitioner failed to establish a … Continue Reading

The Patent Bar Talked, and the USPTO Listened: Changes Now and More to Come for AIA Trial Practice

A recent blog post by USPTO Director Michelle Lee has garnered the attention of the patent bar – and rightfully so.1 Under Lee’s leadership, the USPTO is showing a genuine willingness to change and adapt the rules governing America Invents Act (“AIA”) trials before the Patent Trial and Appeal Board (“PTAB”). In the span of less than … Continue Reading