Patent Rule Skips Contentious Changes, Proposes Refined Test

In an interview with Bloomberg Law about U.S. Patent and Trademark Office proposed rules, Principal David Holt discussed rule changes targeting Patent Trial and Appeal Board discretionary denial practices. The proposal to create a separate 10-page briefing process for discretionary denial issues in inter partes review proceedings would require practitioners to be more strategic in their arguments. This potential shift highlights the importance of focusing on merits-based contentions while adapting to evolving patent review procedures. 

Excerpt: "We often spend many words on these issues in the petition and now that's freed up to make sure that we're focusing on the merits," 

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