#uspto-rulemaking
#uspto-rulemaking
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fromPatently-O
2 weeks agoCan Money Talk? Latest IPR Mandamus Petitions Seek Workarounds to 314(d) Bar
Three new mandamus petitions recently arrived at the Federal Circuit, each attempting to navigate around the court's November 6 decisions that rejected challenges to the USPTO's expanded use of discretionary denials. The new petitions raise arguments their counsel contend are distinct from those already rejected in In re Motorola Solutions, Inc., No. 2025-134 (Fed. Cir. Nov. 6, 2025) (precedential).
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks agoA Plea to Director Squires: Close the Loopholes in Your Proposed New Rules for Serial Patent Challenges
Prevent serial patent challenges by limiting challengers to a single opportunity in a single proceeding and closing ex parte reexamination transitional loopholes.
fromPatently-O
1 month agoInstacart Challenges USPTO's Discretionary IPR Denials in Seventh Pending Mandamus Petition
The petition argues that Dir. Stewart's novel denial criteria were imposed without the notice-and-comment rulemaking required by the Administrative Procedure Act, exceed the Director's statutory authority under 35 U.S.C. § 314(a), and were applied retroactively to Instacart's petition in violation of due process. The petition argues that the NPRM is tacit admission of the rulemaking requirement.
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month agoUSPTO Issues NPRM on IPR Practice, Withdraws Vidal-Era Proposal
USPTO proposes IPR rule changes to limit serial and parallel challenges, protect strong patents' reliability, and emphasize born-strong patents and quiet title.
Miscellaneous
fromIPWatchdog.com | Patents & Intellectual Property Law
2 months agoWhy I Petitioned the USPTO: Timing, Retroactivity, and the Fight for Inventor Rights
USPTO should clarify by rule that patent claim cancellation terminates future rights only, avoiding retroactive erasure of reliance, contracts, and settled expectations.
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