Will USPTO’s PTAB Undergo A Makeover? Senators Push Reform Bill, Patent Office Tweaks Policy

Parallel district court litigation would no longer be factor in deciding whether to institute PTAB review of patents under Senate bill. BIO favors PTO discretion, would like claim amendments to be addressed.

Patent trial board
Senate bill would alter proceedings of USPTO's Patent Trial and Appeal Board • Source: Shutterstock

Ten years after the Patent Trial and Appeal Board was established, fundamentally changing how patent disputes are waged, Congress is seeking to modify its proceedings. A bipartisan bill would impose limitations on the US Patent and Trademark Office, which could impact the outcome of biopharma cases.

Last month, Sens. Patrick Leahy, D-VT, John Cornyn, R-TX, and Thom Tillis, R-NC, introduced the Patent Trial and Appeal Board Reform Act of 2022. The measure would restrict the...

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