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PTO Pick Vidal Promises Fresh Look at Rule on Patent Reviews (1)

Dec. 1, 2021, 5:22 PMUpdated: Dec. 1, 2021, 7:58 PM

President Joe Biden’s nominee to lead the U.S. Patent and Trademark Officel told lawmakers she would look into the agency’s practice of discretionary denials at the Patent Trial and Appeal Board.

Kathi Vidal, a litigator in Winston & Strawn LLP’s Silicon Valley office, would be the second woman to lead the agency if confirmed. She spoke at a Senate Judiciary Committee hearing on Wednesday.

Vidal said she would look more closely at the NHK-Fintiv rule, which sets out considerations for Patent Trial and Appeal Board judges to weigh when determining whether to institute review of a patent that is part ...