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Appellate Challenges to USPTO’s Discretionary Denial Framework

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Since the United States Patent and Trademark Office (USPTO) rescinded former Director Vidal’s 2022 memorandum concerning discretionary denials under the Fintiv framework (Vidal Memo) in Patent Trial and Appeal Board (PTAB) proceedings and implemented new guidance in the March 26, 2025 Interim Processes for PTAB Workload Management (2025 Interim Memo), discretionary denials have increased significantly….
By: Fish & Richardson

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