Precedent Explains Expansive Scope of 35 U.S.C. § 317(b)

The Patent Trial & Appeal Board (PTAB) issued a new precedential opinion, and three new informative decisions yesterday. The precedent clarifies the agency’s read of 35 U.S.C. § 317(b) for instituted proceedings. Arguably, this precedent does not apply to pre-institution as 317(b) is limited to instituted…