Patent Board Reform Targeted as Agency Begins Path to Rules (1)

The US Patent and Trademark Office launched a rulemaking process to potentially reform the administrative tribunal that hears challenges to a patent’s validity, asking for feedback on proposals such as restricting who can request those reviews.

The agency also seeks input on enhancing guidance on when the Patent Trial and Appeal Board will deny those “inter partes” reviews, according to an advance notice of proposed rulemaking set for publication in Friday’s Federal Register.

The PTAB review process has drawn its share of controversy since its creation by the 2011 America Invents Act, with some critics saying it can be misused ...