USPTO Issues Notice of Proposed Rulemaking On Dis

USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement, PTAB Litigation Blog

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On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues.  The Notice addresses stakeholder feedback responsive to the USPTO’s October 2020 Request for Comments and its April 2023 Advance Notice of Proposed Rulemaking (covered here).  Topics include a new procedure for patent owners to request discretionary denial, institution of serial and parallel petitions, and pre-institution settlement agreements.

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