Navigating the New Discretionary Denial Bifurcated Framework, PTAB Litigation Blog
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The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March 26, 2025 Process Memorandum. Under the Process Memorandum, decisions on whether to institute IPR and PGR are bifurcated between (i) discretionary considerations, and (ii) merits and other non-discretionary considerations.
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