Google Challenges PTO's 'Settled Expectations' Doctrine: A New AI Era?
Can a PTO Director simply *decide* a patent is too old for review? Google's Supreme Court filing argues 'no,' potentially unleashing a torrent of challenges to long-held patents.
⚡ Key Takeaways
- Google is asking the Supreme Court to review the PTO Director's 'settled expectations' doctrine, which limits IPRs for patents older than six years. 𝕏
- The core argument is that the PTO Director has created a new, non-statutory limitations period, exceeding their authority under the AIA. 𝕏
- This doctrine is accused of disproportionately benefiting NPEs and hindering innovation for companies developing new technologies, including AI. 𝕏
- The case also questions the extent of judicial review over PTO decisions that may exceed statutory authority, referencing the Loper Bright case. 𝕏
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Originally reported by Patently-O
