July 14, 2020

Fallout from the Fintiv Precedential Decision

Kilpatrick

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On May 5th, the Board designated an order regarding discretionary denial precedential. In the two months since that designation, more than fifteen petitions have been denied under 35 U.S.C. § 314(a) and 324(a) based on the Board’s application of the Fintiv factors.

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