Revised Interim Director Review Process


On September 18, 2023, Section 5.A.ii.e was updated.

The United States Patent and Trademark Office (USPTO or Office) has developed an interim process for the review of decisions of the Patent Trial and Appeal Board (PTAB or Board) by the Director of the USPTO in proceedings under the America Invents Act (AIA).

On July 20, 2022, the 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. The comment period for this RFC closed on October 19, 2022, and the USPTO is considering stakeholder comments as it works to formalize the Director Review process.

Until the Director Review process is formalized, the Office continues to clarify and update the interim process. This furthers the USPTO’s goals of promoting innovation through consistent and transparent decision-making, and the issuance and maintenance of reliable patents.

Accordingly, as of July 24, 2023, the revised interim Director Review process and the Appeals Review Panel process replace the Precedential Opinion Panel process. The revised interim Director Review process includes the option to delegate review of a Board decision to a Delegated Rehearing Panel. Any recommendation for Precedential Opinion Panel review filed on or before July 24, 2023 and pending as of July 24, 2023 will continue to be considered by the Precedential Opinion Panel pursuant to Standard Operating Procedure 2 (Rev. 10). Additionally, this revised interim Director Review process allows for parties to also request review of the Board’s decisions to institute review, in addition to requests for review of the Board’s final written decisions or decisions granting rehearing. Informal feedback on the revised interim process may be submitted by email to

A listing of all Director Review grants and the status of each request for Director Review may be found on the Status of Director Review requests web page.