One day after a rulemaking notice, his next major PTAB-related measure.
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While I do not want to take a strong policy position here, I must admit that I, too, have seen puzzling PTAB decisions even where the USPTO had already construed the claims in question. It is generally not a good idea when an organization, which in this case (PTAB) is part of a larger organization (USPTO), can increase its own workload, thereby securing its growth. Wrong incentives can give rise to institutionalized excess. Whether or not one agrees with every aspect of how this is going to work now, the basic idea of avoiding confirmation bias when the same panel that institutes also conducts a review makes sense.
Florian Mueller
