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Patent Act Statutory Interpretation America Invents Act

Volpe Koenig

From Shield to Sword: Using Examiner-Considered Art to Beat § 325(d)

Volpe Koenig on

In an Inter Partes Review (IPR), Petitioners have long been told to avoid relying on prior art the examiner already “considered,” for fear of triggering a discretionary denial under 35 U.S.C. § 325(d)....more

Morrison & Foerster LLP

The Director Decides: AIA Institution Authority No Longer Delegated To The PTAB

Morrison & Foerster LLP on

On October 17, 2025, almost one month after being sworn in as the Director of the USPTO, John Squires returned institution authority for proceedings under the America Invents Act (“AIA”) to himself. Previous Directors had...more

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