The United States Patent and Trademark Office (USPTO or Office) has developed a Director Review process for certain decisions made in Patent Trial and Appeal Board (PTAB or Board) proceedings under part 42 of 37 C.F.R. The Director Review process was codified in 37 C.F.R. § 42.75, effective October 31, 2024. See89 FR 79744 (Oct. 1, 2024).
This page provides implementation details relating to the Director Review process.
1. Purpose of Director Review
In United States v. Arthrex, Inc., the Supreme Court explained that “constitutional principles chart a clear course: Decisions by [administrative patent judges (APJs)] must be subject to review by the Director.” 594 U.S. 1, 24 (2021). The Court held that “the Director has the authority to provide for a means of reviewing PTAB decisions” and “may review final PTAB decisions and, upon review, may issue decisions [themself] on behalf of the Board.” Id. at 25. Additionally, the Court in Arthrex made clear that “the Director need not review every decision of the PTAB” nor did it require the Director to accept requests for review or issue a decision in every case. Id. at 27. Instead, “[w]hat matters is that the Director have the discretion to review decisions rendered by APJs.’” Id.; see also Arthrex, Inc. v. Smith & Nephew, Inc., 35 F.4th 1328, 1338 (Fed. Cir. 2022) (noting that the Supreme Court “did not hold that the Director must rehear every Board decision, nor did it require the Director to issue a decision in response to every rehearing request”).
After receiving comments from the public as part of a Request for Comments and Notice of Proposed Rulemaking, the Office published Rules Governing Director Review of Patent Trial and Appeal Board Decisions on October 1, 2024, setting forth the process for the Director to review certain Board decisions. Further, although the Supreme Court’s decision in Arthrex “concern[ed] only the Director’s ability to supervise APJs in adjudicating petitions for inter partes review,” and “[did] not address the Director’s supervision over other types of adjudications conducted by the PTAB,” the Office also provides a mechanism for Director Review of certain other proceedings before the Board, e.g., post grant review proceedings and derivation proceedings. 594 U.S. at 26; 37 C.F.R. § 42.75(a).
2. Availability of Director Review
A. Overview
Moreover, although the issues for which a party may request Director Review are limited as defined below, the Director retains unilateral discretion to initiate Director Review of Board decisions sua sponte. 37 C.F.R. § 42.75(b).
B. Proceedings under part 42 of 37 C.F.R.
In a proceeding under part 42 of 37 C.F.R., and in lieu of filing a request for rehearing by the Board under 37 C.F.R. § 42.71(d), a party may file one request for Director Review of any decision on institution under 35 U.S.C. §§ 135, 314, or 324, any final decision under 35 U.S.C. §§ 135, 318, or 328, any decision granting rehearing of such a decision, or any other decision concluding a proceeding brought under 35 U.S.C. §§ 135, 311, or 321. 37 C.F.R. 42.75(c).
Requests for Director Review of a Board’s decision on institution under 35 U.S.C. §§ 135, 314, or 324, or decisions granting rehearing of such a decision, shall be limited to decisions presenting (a) an abuse of discretion, (b) important issues of law or policy, (c) erroneous findings of material fact, or (d) erroneous conclusions of law. Both discretionary and merits-based issues may be raised, subject to limitations (a)–(d) above. The Director Review process provides a mechanism to correct errors at the institution stage, for example, to avoid unnecessary trials for patent owners.
Requests for Director Review of a Board’s final decision under 35 U.S.C. §§ 135, 318, or 328, decisions granting rehearing of such a decision, or any other decision concluding a proceeding brought under 35 U.S.C. §§ 135, 311, or 321, shall be limited to decisions presenting (a) an abuse of discretion, (b) important issues of law or policy, (c) erroneous findings of material fact, or (d) erroneous conclusions of law. As a general matter, a request for Director Review of a final decision is not an opportunity to raise issues related to the Board’s decision on institution, for example, whether a petition meets the reasonable likelihood standard or how the Board exercised the Director’s institution discretion.
3. Requesting Director Review
A. Submission
Only a party to a proceeding before the Office may request Director Review. Third parties may not request Director Review or submit comments regarding a specific Director Review request or proceeding, aside from authorized amicus briefing. 37 C.F.R. 42.75(g). In cases presenting an important issue of law or policy, the parties or third parties may request permission for amici to participate. The Director may also invite amici participation. A request for amici participation should be emailed to Director_PTABDecision_Review@uspto.gov. The request should be concise, containing 100 words or less providing the reason why amici participation may be appropriate and should not include argumentation related to the merits of the case.
In a proceeding under part 42 of 37 C.F.R., a party may submit a Director Review request by filing a “Request for Director Review” in the Patent Trial and Appeal Case Tracking System (P-TACTS).
A party is limited to requesting Director Review or rehearing by the Board, but shall not request both. 37 C.F.R. § 42.75(c). An improper request for both Director Review and panel rehearing of the same decision will be treated as a request for Director Review only.
B. Timing
A request for Director Review must be filed within the time period set forth in 37 C.F.R. § 42.71(d) unless an extension is granted by the Director upon a showing of good cause. 37 C.F.R. § 42.75(c)(1). For a decision instituting trial, the deadline for filing a Director Review request is fourteen days. 37 C.F.R. § 42.71(c)(1). The Director has waived this rule and extended the deadline to thirty days. Light & Wonder, Inc. v. Evolution Malta Ltd., IPR2025-01072, Paper 30, 3 (Director June 22, 2026). In exceptional circumstances, the Office may extend the deadline for filing a request for Director Review of a decision on institution, so long as the trial has not progressed meaningfully. See id. at 3–4 (setting forth examples of exceptional circumstances, including dismissal of all or substantially all claims in a co-pending litigation, findings of fact and conclusions of law that render all or substantially all challenged claims invalid, and a Sotera stipulation violation).
A timely request for Director Review will be treated as a request for rehearing under 37 C.F.R. § 90.3(b)(1) and will reset the time for appeal until after all issues on Director Review in the proceeding are resolved. 37 C.F.R. § 42.75(e)(3). If a party files a notice of appeal to the United States Court of Appeals for the Federal Circuit before the time period for filing a request for Director Review expires, the Office will stay consideration of a subsequently filed Director Review request until the Federal Circuit determines whether to order a limited remand to the Office. See Yangtze Memory Techs. Co. v. Micron Tech., Inc., No. 26-1110, slip op. at 2 (Fed. Cir. Dec. 9, 2025) (granting limited remand for Director to consider timely request for Director Review filed after notice of appeal); Luminex Int’l Co., Ltd. v. Signify Holdings B.V., No. 25-2093 slip op. at 2 (Fed. Cir. Oct. 20, 2025) (same).
C. Formatting
D. Fees
The fee set forth in 37 C.F.R. § 42.15(f) is due on the filing of a request for Director Review.
E. Content
Subject to authorization by the Director, which may be requested by submitting an email to Director_PTABDecision_Review@uspto.gov, the submission of new evidence or arguments may be warranted in cases addressing issues of first impression or issues involving intervening changes in the law or USPTO procedures, guidance, or decisions.
Any argument not made within the request may be deemed waived.
A response to a request for Director Review is only permitted if authorized by the Director. For requests for Director Review filed on or after February 3, 2025, the USPTO will send an email to parties authorizing a response to the request. This will facilitate consideration by the Director. For requests filed on or after July 16, 2025, the response will be strictly limited to 15 pages and must be filed within five business days of the email. No new evidence may be filed with the response unless specifically authorized by the USPTO. Any such response must be filed in P-TACTS, i.e., by selecting the “Other: Other” paper type, and the paper must be titled “Authorized Response to Director Review Request” or else it may not be considered.
F. Processing
If the request is not compliant, the USPTO will attempt to work with the requesting party to rectify any areas of non-compliance. However, if the request is not compliant because it was submitted after the deadline, it will not be considered absent a good cause extension as discussed in Section 3.B above.
G. Communications
4. Determining Whether to Grant Director Review
A. Advisory Committee
i. Advisory Committee Purpose
ii. Advisory Committee Composition
The Advisory Committee includes one representative from each of the following five business units of the USPTO:
- Office of the Under Secretary (not including the Director or Deputy Director)
- Patent Trial and Appeal Board (not including members of the panel for each case under review)
- Office of the Commissioner for Patents (not including the Commissioner for Patents or any persons involved in the examination of the challenged patent)
- Office of the General Counsel
- Office of Policy and International Affairs
Additional individuals, such as technical or subject matter experts, or others assisting in an administrative support capacity, may participate in the work of the Advisory Committee.
As to requests that raise an abuse of discretion, erroneous findings of material fact, or erroneous conclusions of law but do not otherwise raise important issues of law or policy, the Director will consult at least three members of the Patent Trial and Appeal Board and may consult others in the Office as needed, so long as those individuals do not have a conflict of interest.
B. Director Review Determination
The Director receives each request for Director Review, the underlying decision along with the associated arguments and evidence, and the recommendation of the consulting members of the PTAB. From this information, the Director determines whether to grant or deny Director Review, or to delegate further consideration of a decision to a Delegated Rehearing Panel (Section 5.A.iii below). When reviewing a decision on Director Review, the Director may review the Board’s decision on institution, the Board’s final decision, the Board’s decision granting rehearing of either of those decisions, or any other decision concluding a proceeding brought under 35 U.S.C. §§ 135, 311, or 321, which incorporate all matters and all orders entered in the proceeding. 37 C.F.R. § 42.75(a).
The USPTO strives to provide timely consideration of Director Review requests. The amount of time it takes to reach a decision depends on the complexity and number of issues raised.
C. Sua Sponte Director Review
If Director Review is initiated sua sponte by the Director, the Director will issue an initial order notifying the parties and the Board panel that sua sponte Director Review has been initiated. The Director subsequently will issue a decision resolving the issue(s) and may authorize briefing before issuing the decision. If briefing is authorized, the USPTO will set forth the procedures to be followed.
Absent exceptional circumstances, the Director may initiate review sua sponte at any point within 21 days after the expiration of the period for filing a request for rehearing pursuant to 37 C.F.R. § 42.71(d), as appropriate to the type of proceeding for which review is sought, and before the filing of a notice of appeal under 37 C.F.R. § 90.3. 37 C.F.R. § 42.75(b).
5. Director Review
A. Process
As explained above, Director Review may be requested in a proceeding under part 42 of 37 C.F.R. where the Board’s decision on institution under 35 U.S.C. §§ 135, 314, or 324; the Board’s final decision under 35 U.S.C. §§ 135, 318, or 328; or the Board’s decision granting rehearing of either a decision on institution or a final decision implicates potential (a) abuse of discretion, (b) important issues of law or policy, (c) erroneous findings of material fact, or (d) erroneous conclusions of law.
The Director’s decision to grant or deny a request will be communicated directly to the parties in the proceeding. Director Review denials can be found on the Director Review status spreadsheet, which is updated monthly.
i. Denial of Director Review
ii. Grant of Director Review
a) Grant Order
When the Director initiates review sua sponte, an initial order will be entered into the docket notifying the parties and the Board panel that a Director Review has been initiated. The Director will issue a subsequent decision resolving the issue(s) addressed in the Director Review.
When the Director grants review from a party request, the Director may issue an initial order granting review and identifying the issue(s) to be addressed. Alternatively, the Director may issue a single decision that grants Director Review and resolves the identified issue(s) in the first instance. In such a circumstance, the Director will resolve the pertinent issue(s) based on the existing record.
b) Briefing, Discovery, and Oral Argument
Responsive or amici curiae briefing may only be submitted if authorized by the Director. If authorized, the USPTO will set forth the procedures to be followed.
In cases presenting an important issue of law or policy, the parties or third parties may request permission for amici to participate. The Director may also invite amici participation. A request for amici participation should be emailed to Director_PTABDecision_Review@uspto.gov. The request should be concise, containing 100 words or less providing the reason why amici participation may be appropriate and should not include argumentation related to the merits of the case. Any amicus brief submitted by a party with whom the Director has a conflict will be stricken. This process is consistent with Federal Rule of Appellate Procedure 29(a)(2) as adopted by the United States Court of Appeals for the Federal Circuit.
Director Review decisions also are generally made based on the existing record, without the need for additional discovery. However, the Director has discretion to order additional discovery if the Director deems necessary to assist the Director in evaluating the issues presented. 35 U.S.C. § 316(a)(5) (“The Director shall prescribe regulations . . . setting forth standards and procedures for discovery of relevant evidence . . . otherwise necessary in the interest of justice.”); 37 C.F.R. § 42.5(a).
Additionally, the Director has the discretion to order an oral hearing.
c) Standard of Review
Decisions of the Board under Director Review are reviewed de novo.
Upon review, the Director may – in whole or in part – affirm, reverse, modify, vacate, or remand the decision to the Board for further proceedings. The Director may make any findings or conclusions that the Director deems proper based on the record.
d) Relation to Underlying Proceeding
For example, if Director Review of the Board’s decision to institute under 35 U.S.C. §§ 135, 314, or 324 is granted, the underlying trial on the merits typically is not stayed. The Director may delegate authority back to the Board to handle routine interlocutory matters, conduct conference calls, or attend to other matters outside of the intended scope of the Director Review. If authority is so delegated, the Board will keep the Director apprised of these matters and provide reasonable prior notice of any intended decision, but the Board may handle matters so delegated without direction from the Director.
e) Remands to the Board
When issuing a decision upon remand from the Director, the Board shall decide the matter independently and without direction from the Director. See SOP 4: Procedure for Pre-Issuance Optional Decision Review and Post-Issuance Decision Review; 37 C.F.R Part 43.
Where the Board issues a decision on remand from the Director, a party may file one request for Director Review of the Board’s decision on remand. The Director may also initiate sua sponte Director Review of a remanded decision at their discretion.
f) Sanctions
iii. Delegated Rehearing Panel
For example, the Director may designate a DRP to consider whether a material issue of fact or law was misapprehended or overlooked by the Board. When the Director determines to delegate review of a decision to the DRP, the Director will issue an order identifying that review has been delegated to the DRP. In the event that the Director delegates a decision to the DRP to conduct review, including when the Director delegates review of a decision sua sponte to the DRP, the DRP panel will determine whether to grant rehearing. You can find more information on the Delegated Rehearing Panel at the Delegated Rehearing Panel web page.
B. Effect of Director Review Decisions
Routine Director Review decisions may be nominated for precedential or informative designation, and such nominations will follow the procedure set forth in SOP 2. If a Director Review decision is designated as precedential or informative, it will be added to the PTAB’s precedential and informative webpage and an email notification will be issued to inform the public of its precedential or informative designation. Stakeholders and the public may submit nominations for precedential or informative designation using the PTAB Decision Nomination web form, which may be submitted anonymously, or by sending an email to PTAB_Decision_Nomination@uspto.gov.
This process places no limitation on the authority of the Director to designate or de-designate an issued decision or portion thereof as precedential or informative at any time, at the Director's sole discretion.
C. Review of Director Review Decisions
i. Appeal
A request for Director Review of a final decision, a decision granting rehearing of a final decision, or any other appealable decision concluding a proceeding brought under 35 U.S.C. §§ 135, 311, or 321, or the initiation of a review on the Director’s own initiative of such a decision, will be treated as a request for rehearing under 37 C.F.R. § 90.3(b)(1) and will reset the time for appeal until after all issues on Director Review in the proceeding are resolved. 37 C.F.R. § 42.75(e)(3). If a party files a notice of appeal to the United States Court of Appeals for the Federal Circuit before the time period for filing a request for Director Review expires, the Office will stay consideration of a subsequently filed Director Review request until the Federal Circuit determines whether to order a limited remand to the Office. See Yangtze Memory Techs. Co. v. Micron Tech., Inc., No. 26-1110, slip op. at 2 (Fed. Cir. Dec. 9, 2025) (granting limited remand for Director to consider timely request for Director Review filed after notice of appeal); Luminex Int’l Co., Ltd. v. Signify Holdings B.V., No. 25-2093 slip op. at 2 (Fed. Cir. Oct. 20, 2025) (same).
ii. Requests for Rehearing
A party dissatisfied with a Director Review decision may file a single request for rehearing without prior authorization, and that party carries the burden of showing the Director Review decision should be modified. A party requesting rehearing must also email the Director at Director_PTABDecision_Review@uspto.gov, copying counsel for all parties to the proceeding. A response to a request for rehearing is not permitted unless expressly authorized. A party must not file a request for rehearing of a decision by the Director to deny Director Review.
A party may submit a request for rehearing of a Director Review decision in accordance with the submission requirements identified above, including the timing, page limits, and formatting requirements set forth above.
During the pendency of a request for rehearing of a Director Review decision, jurisdiction over the proceeding remains solely with the Director. The Board may not take any action in the proceeding while the request for rehearing is pending, without express authorization from the Director.
D. Conflicts of Interest
If the Director, a consulting member of the PTAB, a member of the Advisory Committee, or other USPTO employee has a conflict of interest, they shall recuse themselves from the Director Review process for that decision.
In determining whether a conflict of interest exists, the USPTO follows the guidance set forth in the Standards of Ethical Conduct for Employees of the Executive Branch at 5 C.F.R. Part 2635 and will consult with the Department of Commerce Ethics Law and Programs Office, as necessary, to resolve any questions pertaining to conflicts of interest. Conflicts may include, for example, involvement in the examination or prosecution of the underlying patent or a related patent at issue. Further information is available in the U.S. Department of Commerce USPTO Summary of Ethics Rules.
Additionally, the Office has set forth procedures that the Office will follow in the event of an actual or potential conflict of interest by the Director of the USPTO. See Delegation of Authority at Office of the Under Secretary and Director.
As a matter of policy, PTAB members who consult with the Director or are also Advisory Committee members will additionally follow the guidance on conflicts of interest set forth in the PTAB’s SOP 1 and will recuse themselves from any discussion or analysis involving cases or related cases on which they are paneled.
E. Status and Questions
If a party has additional questions regarding the implications of Director Review for a particular proceeding, they can submit case-specific questions (e.g., request a call with the PTAB) to Director_PTABDecision_Review@uspto.gov.
If a member of the public has a general question regarding Director Review but does not have a case pending before the PTAB, they can submit that question to Director_PTABDecision_Review@uspto.gov.
- On February 6, 2026, Sections 4.C and 5.A.ii.a were updated.
- On December 15, 2025, Sections 3.B. and 5.C.i. were updated.
- On October 8, 2025, Section 5.D was updated.
- On September 16, 2025 Sections 4.A.ii, 4.B, and 5.D were updated.
- On August 12, 2025 Section 5.B. was updated.
- On July 15, 2025 Section 3.E was updated.
- On July 3, 2025, Sections 3.A and 5.A were updated.
- On May 23, 2025, Section 4.A was updated.
- On March 5 and 18, 2025, Sections 2.B, 3.D, 4.B, 5.A, and 5.D were updated.
- On February 5, 2025, Sections 3.E and 4.A were updated.


