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Federal Circuit: PTO Director Guidance on Discretionary Denials is Exempt from Notice-and-Comment Rulemaking

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Jason Weil
Senior Counsel
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Jason Weil
Senior Counsel
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The Federal Circuit recently addressed whether the PTO must conduct notice‑and‑comment rulemaking before issuing instructions that guide how the Board should exercise discretion at the institution stage of IPRs.

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Jason Weil
Senior Counsel
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Jason Weil
Senior Counsel
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