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USPTO issues interim processes for PTAB decision review; updates Director review interim process

To secure a robust and reliable patent system necessary to incentivize and protect innovation, the United States Patent and Trademark Office (USPTO) has updated its internal Patent and Trial Appeal Board (PTAB) processes and its process for Director review.

To promote consistent and clear PTAB decision-making, the USPTO has adopted an interim process for PTAB decision circulation and internal PTAB review. This process, modeled after similar processes adopted by the Federal Circuit, governs the procedures within the PTAB.

The USPTO has also updated its interim process for Director review to make clear that although the USPTO does not accept requests for Director review of institution decisions in AIA proceedings, the Director has always retained and continues to retain the authority to review such decisions sua sponte after issuance (at the Director’s discretion).

The USPTO intends to seek stakeholder feedback and formalize the Director review process and the mechanisms to promote consistency and clarity in PTAB decisions.

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