Bloomberg Law
May 1, 2018, 6:33 PM UTC

Patent Office Clarifies Challenge Process After High Court Ruling

Peter Leung

The Patent and Trademark Office will address all arguments raised in a patent validity challenge, and not just challenged claims, in the wake of a recent U.S. Supreme Court ruling.

David P. Ruschke, chief judge of the Patent Trial and Appeal Board, the PTO body that decides inter partes review (IPR) challenges, made the clarification April 30 in a webinar on the effects of the Supreme Court’s April 24 ruling in SAS Institute Inc. v. Iancu.

Ruschke’s comments reflect the the board’s ongoing efforts to implement the decision, which will impact how it handles IPRs. On April 27, the ...

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