A column authored by Jason Balich titled “Discretion Takes Back Control at the PTAB” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, Jason explains how the US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) has significantly expanded its use of discretionary denials in post-grant proceedings. He discusses recent policy changes under Acting Director Coke Stewart that have shifted power toward patent owners, including a new bifurcated process and broader criteria for denying review, marking one of the most consequential procedural shifts since the America Invents Act.
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Reprinted with permission from Chemical Engineering Progress (CEP). Copyright © 2025 American Institute of Chemical Engineers (AIChE).
