Haynes and Boone, LLP Partner Joe Matal talked with Law360 about widespread attention over the U.S. Patent and Trademark Office (USPTO) invalidating America Invents Act patents.
Here is an excerpt:
Senate Judiciary Committee members and small businesses and inventors were pitted against finance organizations, generic-drug advocates and tech companies over whether the USPTO should create rules regarding its abilities to deny America Invents Act review petitions based on discretionary factors. Namely, that discretion would be used to deny serial petitions and petitions in cases where parallel district court litigation is at an advanced stage.
Joseph Matal, a Haynes and Boone, LLP partner who held several senior roles at the USPTO before leaving this summer, said he'd never seen an agency rulemaking get this type of attention.
"There was a lot of interest in the debate over the change in claim construction standards, but the level of intensity and depth of the comments on this is substantially greater," he told Law360.
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