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Patent Office Asked To Weigh In on Precedential Panel’s Sway (2)

Aug. 14, 2019, 2:56 PMUpdated: Aug. 14, 2019, 4:22 PM

A Patent and Trademark Office panel that determines which administrative patent decisions are precedential is under a federal appeals court’s microscope.

The U.S. Court of Appeals for the Federal Circuit has invited PTO Director Andrei Iancu to file a brief in an ongoing appeal Facebook Inc. saying “what, if any, deference” the court should give to decisions from the Patent Trial and Appeal Board’s Precedential Opinion Panel.

Iancu created the panel, on which he sits with other agency leadership, last year. The panel weighs in on the board’s cases that it deems significant to patent review proceedings.

Declaring a case...

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