United States:
USPTO Extends Director Review Option To Institution Decisions, Retires The Precedential Opinion Panel, And Updates Interim DR Procedures
02 August 2023
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Effective July 24, 2023, the USPTO revised its procedures for
the interim Director Review (DR) of PTAB decisions, including:
- Expanding the process to permit parties to request DR of PTAB
decisions on institution in AIA proceedings;
- Providing updated guidance as to what types of issues the
Director will consider in DR, as well as additional guidance on
various topics, such as the initiation of DR at the sole discretion
of the Director (sua sponte DR), remands to PTAB for
further proceedings, and sanction authority of the Director;
- Providing the Director the option to delegate review to a new
independent panel called the Delegated Rehearing Panel (DRP);
and
- Creating a new Appeals Review Panel (ARP) to review
PTAB ex parte, reexamination, or reissue appeal
decisions.
For an in-depth discussion of the revised interim process,
click here.
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