The Potential Economic Benefits of Recent Reductions in Discretionary Denial of Inter Partes Review Based on Criteria such as the NHK‑Fintiv Rules
Published on June 01, 2023
In recent years, there has been an increase in discretionary denial of institution of inter partes review (IPR) based on the criteria set forth in the Apple, Inc. v Fintiv, Inc. (Fintiv) matter. These guidelines made it difficult for claims to be fully considered even in cases where there was a substantial probability of success for the petitioner, resulting in a reduction in IPR proceedings and related economic efficiency benefits. Subsequent guidance from the US Patent and Trademark Office (USPTO) clarified the appropriate application of Fintiv rules, resulting in a reduction of discretionary denials and positive implications for efficiency and the economy.
The Perryman Group estimates that, over the next 10 years, reducing discretionary denials of IPR associated with Fintiv in line with recent clarification leads to cost savings which generate a net increase in US business activity of $482.1 million in gross product, $230.4 million in personal income, and approximately 2,000 job-years of employment (including multiplier effects).
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