Reminder: Comment period closes next week for PTAB proposals formalizing Director Review process and rules relating to discretionary denials

The United States Patent and Trademark Office (USPTO) issued two notices of proposed rulemaking (NPRM) in April 2024 related to Patent Trial and Appeal Board (PTAB) processes and policies for proceedings under the America Invents Act (AIA).   

On April 16, 2024, the USPTO issued an NPRM to formalize the enhanced and streamlined Director Review process for decisions in AIA proceedings at the PTAB. You must submit comments on the NPRM by June 17, through the Federal eRulemaking Portal, to ensure consideration.  

On April 19, 2024, the USPTO issued an NPRM to codify existing PTAB review practices related to discretionary denials of institution in AIA proceedings based on parallel and serial petitions and petitions implicating prior art or arguments previously presented to the USPTO. The NPRM also provides a separate briefing process for discretionary institution arguments and aligns the procedures for termination of proceedings pre- and post-institution due to settlement. The proposals seek to improve PTAB fairness, transparency, and efficiency. You must submit comments on the NPRM by June 18, through the Federal eRulemaking Portal, to ensure consideration. 

At this time, the USPTO does not intend to extend the deadline for comments on either NPRM.  

You can read comments that the USPTO has already received on the NPRM on the Federal eRulemaking Portal docket webpage.