Q1 2024 PTAB Institution Rate Hovers Between Last Quarter’s and Last Year’s
May 17, 2024
A slight drop in the PTAB instituted trial rate in Q1 2024, from Q1 2023, comes as the USPTO moves closer to finalizing what could be the first in a series of planned internal reforms. The agency recently released a long-promised Notice of Proposed Rulemaking that includes new rules governing “serial” and “parallel” petitions as well as validity arguments previously addressed by the USPTO, also creating a separate briefing process for discretionary denials and requiring the filing of pre-institution settlement agreements.
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