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USPTO Director IPR institution discretion survives APA challenge

By Amol Parikh on February 26, 2026

The US Court of Appeals for the Federal Circuit concluded that the United States Patent and Trademark Office’s (USPTO) framework for discretionary denials of inter partes review (IPR) is a general statement of policy, not a substantive rule, and therefore is exempt from the Administrative Procedure Act’s notice‑and‑comment requirements. The USPTO Director issued a trio […]

  • Posted in:
    Intellectual Property
  • Blog:
    IP Update
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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