Thursday, February 22, 2018

Is the PTAB bound by USPTO guidance?

The discussion at Patent Docs on Ex parte Lukyanov, U.S. Appl. Ser. No. 11/607,828 at
Who's in Charge Here? Or Is the PTAB Bound by USPTO Guidances?

Note text:

It seems curious, and the source of inconsistent policy, for the PTAB to take the position that the Board can choose to ignore USPTO Guidances at its leisure (if not its whim) in view of the stance the Office has taken with regard to the importance of maintaining consistency in its policies in other situations. For example, in convening an expanded panel for deciding whether filing a lawsuit asserting a patent waives sovereign immunity as a grounds to dismiss an inter partes review before the Board


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