Intellectual Property,
Contracts
Jun. 30, 2022
Patent litigation reset
Patent office issues new guidance on controversial IPR discretionary denials
Michelle E. Armond
Partner
Armond Wilson LLP
Intellectual Property
UC Berkeley School of Law, bachelor's in electrical engineering from the California Institute of Technology
Late last week, recently confirmed U.S. Patent Office Director Kathy Vidal issued new policy guidance clarifying the scope of discretionary denials in inter partes review (IPR) proceedings. At its peak, the Patent Office was discretionarily denying 11% of all IPR challenges to issued patents. Although Director Vidal has actively issued new policy guidance in her short tenure, to date this guidance has been her most significant yet, impacting all forthcoming and pendin...
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