Principal Jennifer Huang Explores Implications of USPTO’s PTAB Policy Shift

Principal Jennifer Huang spoke with Law360 about the Patent Trial and Appeal Board’s memo announcing its intent to renew enforcement of a policy that limits petitioners’ ability to rely on “general knowledge," including expert testimony, common sense, or applicant admitted prior art, when challenging patents. The policy requires petitioners to specifically identify where each element of a challenged claim is found in prior patents or printed publications. Huang noted that how the Board enforces this rule, as well as in what contexts it leads to denial of review, will clarify the practical impact of the change.

Excerpt: "The requirements for institution will be stricter because this is a rule that existed prior but was waived prior, and now they're going to enforce it."

Read the full article: PTAB Petitions To Get More Scrutiny Under New Policy