John Squires, Director of the U.S. Patent and Trademark Office (“USPTO”), has declared that the choice to institute challenges against patents before the USPTO will no longer lie with the Patent Trial and Appeal Board (“Board”) but exclusively with the Director. Previously, the Board relied on statutory authority delegated by the Director to decide which patent challenges would be heard by the USPTO and which would not. The memorandum issued by Director Squires explains that this change is being made to challenge “structural, perceptual, and procedural concerns” with the current process by which patent challenges are instituted. This shift in responsibility has the potential to lower the amount of patent challenges accepted by the USPTO.

Max Matiauda is a Registered Patent Attorney at Malloy & Malloy’s Miami office, counselling clients in and beyond Florida on issues of inventorship, patent searches, patent application and prosecution strategy, and infringement disputes and litigation. His practice includes international patents and PCT applications as well as representation of clients before the U.S. Patent and Trademark Office.