Patent Head Extends Deadline to Challenge Validity Review Orders

US Patent and Trademark Office Director John Squires marked as precedential his decision more than doubling the time a party has to seek his review of tribunal decisions instituting patent validity challenges, saying the change puts the requests on equal footing as other appeals.

Squires’ Monday order increased the deadline to file director review requests from 14 to 30 days and permits further extensions for “exceptional circumstances,” including dismissal or invalidation of most claims in co-pending litigation, and a violation of an agreement to not pursue certain invalidity arguments.

The new deadline matches the time parties have to file review ...