Interim process for Director review

Updated September 22, 2022. The United States Patent and Trademark Office (USPTO) issued a Request for Comments (RFC) on Director review, Precedential Opinion Panel (POP) review, and internal circulation and review of Patent Trial and Appeal Board (PTAB) decisions, as the USPTO works to formalize the Director review process.

Until the process is formalized, the existing, interim Director review process will remain in place with a few additional suggestions by the Director. The interim process has allowed the USPTO to quickly and efficiently implement United States v. Arthrex, Inc. The interim process will apply to Director review of final written decisions of the PTAB in inter partes review and post-grant review proceedings and, to the extent some are still pending, covered business method patent review proceedings.

The interim process furthers the USPTO’s goal of promoting innovation through consistent and transparent decision-making and the issuance and maintenance of strong patents. The Director review process complements three other procedures the USPTO has in place to promote the same goals: panel rehearing; internal review; and the POP.

A listing of all Director review grants and the status of each request for Director review are listed on the Status of Director Review Requests webpage.