Brandon Smith and Brittany Penn Examine 2023 USPTO Director Reviews in New York Law Journal

Knobbe Martens partner Brandon Smith and associate Brittany Penn have authored an article in the New York Law Journal offering analysis and practical tips regarding recent USPTO director reviews.

In the article “Developments at the PTAB: What Practitioners Can Learn From Vidal’s 2023 Sua Sponte Director Reviews,” the authors analyze several of USPTO Director Kathi Vidal’s sua sponte reviews from the past year. They note that these reviews “provide important guidance to practitioners on many issues of [Patent Trial and Appeal Board] practice, including the application of Fintiv, the use of applicant-admitted prior art, and the Advanced Bionics standard.”

The authors provide actionable takeaways for practitioners based on their analysis of the director reviews and predict that Dir. Vidal “will likely continue to use the director review process to address additional procedural and substantive issues impacting PTAB practice in the coming year.”

Read the full article here.