Patent Office Refutes Big Tech’s Latest Challenge to Fintiv Rule

Th US Patent and Trademark Office urged the Federal Circuit to reject an appeal from Apple Inc., Google LLC, and Intel Corp. and uphold a controversial rule used to deny certain patent validity reviews.

A California federal judge correctly concluded that PTO precedent known as the Fintiv rule is a “general statement of policy” not subject to public notice-and-comment, the agency argued in a brief filed Wednesday. Fintiv doesn’t qualify as a substantive rule requiring pubic feedback because its factors don’t alter legal rights or obligations, nor do they bind private parties with the force and effect of ...