Rulemaking on when an administrative tribunal will decline to review a patent validity challenge is the first item on the US Patent and Trademark Office’s 2023 to-do list, Director Kathi Vidal told Bloomberg Law in an interview.
“That’s at the very top and then once we roll that out, we’re going to start focusing on some of the other rulemaking,” Vidal said about the office’s goals for the new year.
The agency’s Patent Trial and Appeal Board has the discretion to deny a request to launch an “inter partes review” of a patent. It may do so based on several …