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USPTO’s Stewart expands ‘settled expectations,’ raising concerns of overreach

By Nick Robertson ( June 19, 2025, 19:36 GMT | Insight) -- In a discretionary denial decision yesterday, US Patent and Trademark Office Acting Director Coke Morgan Stewart expanded upon the “settled expectations” factor for denial, writing that the factor can rely solely on a patent’s age and can set in after only eight years. Critics of the decision, including former USPTO Acting Director Joe Matal, said it encourages a patent litigation strategy that is “virtually impossible.”The “settled expectations” factor for discretionary denial at the Patent Trial and Appeal Board appears more broad than initially believed, based on a decision yesterday from US Patent and Trademark Office Acting Director Coke Morgan Stewart. The decision denying an inter partes review petition by Dabico Airport Solutions holds that “settled expectations” can set in just eight years after a patent is issued, based entirely on a patent’s age....

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