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Patent Trial and Appeal Board |
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USPTO issues memorandum identifying additional discretionary institution considerations concerning American manufacturing operations and investment
Today, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office John A. Squires issued a Memorandum announcing that the Director will consider additional discretionary institution facts regarding U.S. manufacturing facilities and investment and small business use of inter partes review (IPR) and post-grant review (PGR) proceedings. Parties are encouraged to identify facts relevant to the below considerations in their discretionary briefs, which the Director will consider when determining whether to institute review:
- the extent to which any products accused of infringement in a parallel proceeding are manufactured in the United States or are related to investments in American manufacturing operations;
- the extent to which any products made, sold, or licensed by the patent owner that compete with the accused products are manufactured in the United States; and
- whether the petitioner is a small business that has been sued for infringement of the patent at issue.
The Memorandum applies to all IPRs and PGRs in which the due date for a patent owner discretionary brief has not yet elapsed.
Learn more about the Interim Director Discretionary Process.
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