On December 3, 2020, Unified, along with over 800 commenters, answered the USPTO's request for comments (RFC) related to their recent use of "discretionary" non-merits denials and potential future rulemaking. Early analysis of the 832 comments submitted reveals the breakdown was relatively evenly split for and against, with many form-filled or irrelevant comments. In our comments, Unified highlighted the prejudicial nature of the RFC itself, the lack of statutory authority to implement discretionary denial rules, and the USPTO's lack of data supporting the policy behind their new de facto rules.

Many Unified members submitted their own helpful comments. Thanks again to in-house counsel, Michelle Aspen and Roshan Mansinghani, and everyone who contributed to putting the comments together. Read Unified’s comments below.