Gray Areas in Patent Review Denials Catch Agency Director’s Eye

US Patent and Trademark Office Director Kathi Vidal has wielded a US Supreme Court-granted power to audit her agency’s patent validity decisions nearly a dozen times since taking the agency’s helm in April, and practitioners say she’s giving initial patent review denials a particularly close look.

In the past six months, Vidal has initiated her director review authority in cases involving a wide-range of patents, from data communication to pig virus vaccines.

Attorneys say she’s displayed a focus on clearing up when it’s appropriate for the Patent Trial and Appeal Board to use its discretion to reject a validity review ...