Patent Office To Cement All-Or-Nothing Patent Review Approach

The U.S. Patent and Trademark Office is proposing a new rule that would require patent reviews at its tribunal to proceed on all the challenged patent claims and invalidity arguments.

The proposed rule, scheduled to be published in Wednesday’s Federal Register, reflects the agency’s approach to patent reviews following the U.S. Supreme Court’s 2018 ruling in SAS Institute v. Iancu.

The justices in SAS Institute said the Patent Trial and Appeal Board must review all of the challenged patent claims if it agrees to institute inter partes review (IPR) of a patent. The patent office also said shortly after ...