Squires Helps Patent Owners Again with Latest Challenge Tweak

Alex Yap spoke to Bloomberg Law about the recent procedural changes at the US Patent and Trademark Office (USPTO), noting that the new rules allowing patent owners to file opposition briefs in ex parte reexamination proceedings will likely reduce the institution rate of such challenges. Alex, who was a former PTAB judge, explained that the Central Reexamination Unit will now consider both sides before deciding whether to institute a reexamination, which could encourage more district court litigation as fewer requests are granted. The article discusses how PTO Director John Squires’ reforms, including discretionary denial and enhanced patent owner participation, are shifting the balance in favor of patent owners and increasing the importance of reexamination as an alternative to PTAB review.

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