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Patent Office Can Avoid Discretionary Denial Suit, 5th Cir. Says

Oct. 3, 2022, 7:23 PM

US Inventor Inc. and several individual patent holders lost their second bid to challenge the scope of the US Patent and Trademark Office’s discretionary power to deny taking up certain patent validity challenges.

They couldn’t prove they’d be unduly harmed by the patent office’s existing “discretionary denial” policies and any resulting Patent Trial and Appeal Board decisions, the Fifth Circuit held Sept. 30 in an unpublished ruling. They thus lack standing to force the agency to expand its list of reasons for discretionary denials, the appellate panel said.

The office has been under pressure to clear up when it’s appropriate ...