The Alliance of U.S. Startups and Inventors for Jobs (“USIJ”) responds herein to Advance Notice of Proposed Rulemaking, dated April 21, 2023 (88 FR 24503) (“ANPRM”), which identifies potential factors that the USPTO considers as relevant to the exercise of statutory discretion to deny institution of post-grant procedures pursuant to 35 U.S.C. §§314 and 324. The ANPRM seeks comments and guidance from various segments of the patent stakeholder community seeking to balance competing interests regarding institution decisions.
