McKool Smith principal Nick Matich opiniated in the Law360 article “USPTO Aligns AIA Review Indefiniteness Test With Courts.” The article wrote that the U.S. Patent and Trademark Office (“USPOT”) told Patent Trial and Appeal Board (“PTAB”) that they should use the same indefiniteness standards. “The change in standards is part of a broader effort by the USPTO to ensure that results at the PTAB are more in line with those in district courts, but it won't often lead to different results,” said Nicholas. A most notable effect would be to increase the efficiency in proceedings. Read the full article here.


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