Interim process for Director review

The United States Patent and Trademark Office (USPTO) intends to issue a Request for Comments (RFC) in the coming weeks and 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 Patent Trial and Appeal Board (PTAB) 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 Precedential Opinion Panel (POP).

If you would like to provide feedback before the release of the RFC, please email Director_Review_Suggestions@uspto.gov