An expert Q&A with Baldassare (”Baldo”) Vinti of the Proskauer law firm on the US Patent and Trademark Office’s (USPTO) 2025 guidance memorandums regarding the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials of inter partes review (IPR) and postgrant review (PGR) petitions under 35 U.S.C. §§ 314(a) and 324(a), its interim process and PTAB precedent, including its precedential Apple Inc. v. Fintiv, Inc. decision. This Q&A discusses the PTAB’s approach to discretionary denials and practical considerations for both petitioners and patent owners navigating IPR and PGR proceedings.
Reproduced with permission. Originally published June 18, 2025, "Expert Q&A on 2025 USPTO Interim Process for IPR and PGR Discretionary Denials,” Thomson Reuters.
