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What is the Potential Impact of USPTO's New Advanced Notice of Proposed Rulemaking on Patent Challenges at the PTAB?

April 24, 2023

Intellectual Property partner Jessica Kaiser was quoted in the Law360 article, “Future Of PTAB Denials Left Open By 'Grab Bag' Of Proposals.” The story discusses the challenges behind the U.S. Patent and Trademark Office’s new set of possible rule-making proposals in an Advance Notice of Proposed Rulemaking (ANPRM), which aim to clarify when the Patent Trial and Appeal Board (PTAB) will discretionarily deny institution in AIA trials.

Kaiser explained the dilemma behind the new proposals, saying, "it's a conglomeration of different possibilities, but it doesn't feel like there's a specific thread or a way to understand what the office is trying to accomplish at this point.”

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