Patent Owner-Friendly Trend PTAB Precedential Decision Designations Continue Patent Owner-Friendly Trend
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Discerning the Trends in PTAB Precedential Designations
Since the USPTO changed the standard operating procedures of the PTAB last fall to create the Precedential Opinion Panel (POP), which consists of the USPTO Director, the Commissioner for Patents and the PTAB’s Chief Judge, the approval process for designating precedential opinions has changed and more designations are being made, according to Stephen Kunin, Partner at Maier & Maier PLLC. In the cases being designated as precedential, Kunin sees a trend that will likely result in fewer decisions to institute PTAB trials, thus appearing to favor patent owners. “I believe that they are listening to popular criticisms of the PTAB and are attempting to make [America Invents Act] trials more fair and balanced,” he said. “It appears that they are taking corrective administrative actions to preempt Congressional action to change the law governing AIA trials.”
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https://www.ipwatchdog.com/2019/05/23/ptab-precedential-decision-designations-continue-trend-balancing-decisions-institute-favor-patent-owners/id=109510/