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When should the USPTO intervene in PTAB appeals?

Michael Loney, New York


The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do so

An interesting exchange took place at the Federal Circuit in June. A USPTO attorney had turned up for oral argument in an appeal from an inter partes review proceeding, and was met with strong words from Judge Pauline Newman (as...


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