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The Rise of ‘Settled Expectations’ In USPTO Review and the Fallout for Patent Owners and Challengers

The landscape for discretionary denials at PTAB is evolving quickly; both patent challengers and owners must adapt their strategies to ensure they are not left behind by the USPTO’s new approach.

10 minute read October 01, 2025 at 12:03 AM
By
Elizabeth Shuster and Anthony Tomusko
The Rise of ‘Settled Expectations’ In USPTO Review and the Fallout for Patent Owners and Challengers

The U.S. Patent and Trademark Office (USPTO) has introduced significant changes in how it manages discretionary denials for post-grant proceedings before the Patent Trial and Appeal Board (PTAB).

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