Patent Chief Declines to Retroactively Apply New Denial Memo (1)

The acting head of the US Patent and Trademark Office declined a patent owner’s request to retroactively apply recent guidance that eases administrative judges’ ability to reject validity challenges without reaching their merits.

Terminating Innoscience (Zhuhai) Technology Co.'s challenge to an Efficient Power Conversion Corporation semiconductor patent wouldn’t be an efficient use of the PTO’s resources because an agency tribunal already issued a decision invalidating claims, according to a Tuesday order written by acting Director Coke Morgan Stewart. It was inefficient for the tribunal to take up the case while parallel litigation was ongoing at the US International Trade Commission, ...