PTAB Chief Judge Scott Boalick (from left), Commissioner of Patents Drew Hirshfeld and PTO Director Andrei Iancu. (Photos courtesy and Diego Radzinschi/ALM)
Petitions must be filed within one year of service of an infringement complaint, even if the patent owner never had standing to bring the suit.
August 23, 2019 at 07:56 PM
1 minute read
USPTO Director Andrei Iancu and his Precedential Opinion Panel have closed a loophole on the timing requirements for filing administrative challenges to patent validity.
The POP ruled Friday that, even if a patent infringement suit is dismissed on the ground that the patent owner never had standing, it still triggers the one-year deadline for challenging patent validity at the Patent Trial and Appeal Board.
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