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USPTO urges PTAB attorneys to do their homework

By Nick Robertson ( August 20, 2025, 21:59 GMT | Comment) -- To avoid discretionary denial, leaders of the Patent Trial and Appeals Board told attorneys last week that they should make longer, more fact-specific arguments. The advice comes as many practitioners complain of the board’s ever-changing factors that weigh toward denial, most notably settled expectations.A change in the factors considered by the Patent Trial and Appeal Board when weighing a discretionary denial of inter partes review have sent practitioners scrambling for answers from the US Patent and Trademark Office. Last week they finally got some, with administrative patent judges (APJs) telling attorneys to fine-tune their arguments....

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