The United States Patent and Trademark Office (USPTO) has updated its web resources on the interim process for Director review to increase transparency about the process. The changes include a new webpage that enables stakeholders to view the status of Director review requests and the inclusion of additional information on the interim process for Director review webpage.
On June 21, 2021, the U.S. Supreme Court issued a decision in United States v. Arthrex, Inc., in which it provided a new, tailored remedy to ensure that administrative patent judges function as inferior officers.
In response to this ruling, on June 29, 2021, the USPTO implemented the interim Director review process, in which review of a Patent Trial and Appeal Board (PTAB) final written decision in an inter partes or post-grant review may be initiated sua sponte by the Director or requested by a party to a PTAB proceeding. The USPTO introduced the interim process to efficiently implement Director review until it could establish a more formal process.
The USPTO plans to formalize a permanent Director review process in the near future, and more information on how to submit public input on the process will be forthcoming. In the meantime, the public can send feedback to Director_Review_Suggestions@uspto.gov.