Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) known about certain prior art. However, USPTO Director Iancu should consider limiting his delegated authority in 35 U.S.C. § 325(d) to prior art that was not presented to the USPTO during examination. As such, all references in the prosecution record would be presumed to have been fully considered by the examiner and could not form any part of a post grant petition. This change would exercise the discretion provided by Congress to its fullest, preserve USPTO resources by not reconsidering the Office’s prior decisions, and restore some predictability to the U.S. patent system.
The post Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process appeared first on IPWatchdog.com | Patents & Patent Law.
Business
- Groups on Both Sides Slam USTR Support for Delaying IP Waiver Extension Pending ITC Investigation
- USPTO Ramps Up Efforts to Promote Women Entrepreneurs
- Sign the Prenup: What Brands Can Learn From the Kanye West/Adidas IP Breakup
- Lessons from the Levandowski Case: Reimagining the Exit Interview as Risk Management
- Advocating for Ethics-Driven Regulation for Blockchain Technologies
Recent Posts
- Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing
- Software-Related U.S. Patent Grants in 2022 Remained Steady While Chinese Software Patents Rose 8%
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments