PTAB Reform Act of 2022’s Potential Impact on the Patent Trial and Appeal Board

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Westlaw Today

By: Jason A. Fitzsimmons and Ivy Attenborough

On June 16, 2022, U.S. Senators Patrick Leahy, Thom Tillis, and John Cornyn introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022. The bill proposes changes to current PTAB procedures and would codify certain procedures already in practice at the PTAB.

Most notably, the bill proposes to: eliminate the Fintiv analysis1 as a means for discretionary denial of petitions; restrict the filing of multiple petitions by the same petitioner; require the Director to prescribe sanctions for bad faith conduct; and establish a fee coverage program for small and micro entities.

1 Established in Apple Inc. v. Fintiv Inc., No. IPR2020-00019, (P.T.A.B. Mar. 20, 2020).

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