Patent Attorney TJ Mantooth in Westlaw - PTO changes to follow Supreme Court’s Arthrex ruling, attorneys predict
June 30, 2021
Westlaw Journal Intellectual Property VOLUME 28, ISSUE 6 /JUNE 30, 2021
The U.S. Supreme Court has decided to give the U.S. Patent and Trademark Office’s director the power to review the decisions of administrative patent judges, and attorneys have offered their predictions of how future patent review will look.
T.J. Mantooth, an IP attorney at Hall Estill, said the Supreme Court’s decision curbs the
APJs’ authority and “redefines how patent validity can be determined in an IPR.”
At the same time, the Supreme Court skirted the issue of “curing potential IPR abuse,” he said. “By allowing general overview to the USPTO director, the Supreme Court maintains the status quo of patent IPRs.”