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Supreme Court upholds Patent and Trademark Office discretion for appeals decisions

April 21, 2020

Via: Jurist

The US Supreme Court ruled on Monday that federal patent law does not allow for an appeal of the Patent Trial and Appeal Board’s decision to institute a procedure for challenging the validity of a patent after a finding that a one-year time bar does not apply.

Inter partes review is a process established by the America Invents Act in which a patent challenger can ask the US Patent and Trademark Office (USPTO) to reconsider the validity of an earlier granted patent claim.

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