The United States Patent and Trademark Office Rescinds Memorandum Addressing Discretionary Denial Procedures

On February 28, 2025, The United States Patent and Trademark Office indicated that a previous Memorandum addressing discretionary denial procedures is now rescinded.

The Memorandum was titled “Interim Procedure for Discretionary Denials in America Invents Act Post-Grant Proceedings with Parallel District Court Litigation,” and was dated June 21, 2022.

Parties to post-grant proceedings may now have to refer to Patent Trial and Appeal Board (“PTAB”) precedent for guidance.

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