The Patent Trial and Appeal Board revealed Thursday how America Invents Act reviews will be conducted now that the U.S. Supreme Court has ordered the board to decide the validity of every challenged patent claim, but attorneys say more about the new-look reviews will need to be fleshed out in future rulings.

The decisions will need to address issues that had previously been stripped out at the institution stage as not being worthy of consideration, a decision that was not appealable. Final decisions on every claim will now be reviewed by the Federal Circuit, and petitioners will be barred from raising them in district court. The board will therefore need to carefully explain its decision to uphold some claims in order to withstand appeal, said Brian LaCorte of Ballard Spahr LLP.

"There's no question that there will be lengthier decisions," he said. "There will be more in the final decision, which will mean more work [for] the PTAB and for the Federal Circuit as well."

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