Back in March, I wrote about Acting Director Coke Morgan Stewart’s overhaul of the pre-institution discretionary denial process. Since then, much has been written on the topic and, for better or worse, the dust has started to settle, and one thing is clear: discretionary denials are on the rise. Here’s a concise update on where things stand and what it means for stakeholders.

Overview. The new discretionary denial framework was introduced by the Acting Director in a Memorandum and further clarified in a Boardside Chat and updated FAQs . The stated goals of the new process are to: (i) reduce pendency for ex parte appeals and AIA statutory deadlines, (ii) improve PTAB efficiency, and (iii) promote consistency in discretionary considerations.

Updated Statistics. In 2024, excluding p

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