USPTO updates Director Review guidance

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Patent Trial and Appeal Board

Final rule on the Director Review process now in effect

Updated process on PTAB webpage

To advance our goal of ensuring fair, transparent, and efficient procedures throughout the Patent Trial and Appeal Board (PTAB), the USPTO recently announced a final rule governing the process for Director Review of proceedings under the Leahy-Smith America Invents Act (AIA). The new rule goes into effect today, October 31.

The final rule formalizes that a party may request Director Review in an AIA proceeding of any:

• Decision on institution
• Final decision (defined as a final written decision in an inter partes or post grant review proceeding or a final decision in a derivation proceeding)
• Decision granting rehearing of a decision on institution or a final decision
• Other decision concluding an AIA proceeding

In addition, the rule establishes that the Director may initiate a review of a decision at their own initiative (“sua sponte”); sets forth the timing and format of a party’s request for Director Review; addresses the impact of Director Review on the underlying PTAB proceeding; clarifies the time by which an appeal to the U.S. Court of Appeals for the Federal Circuit must be filed; and provides that the Director may delegate a review.

The USPTO has published its Director Review process webpage to reflect the new rules. One notable change to the process is that you no longer need to email the USPTO when filing a request for Director Review; rather, you just need to file the request in the P-TACTS docket system and select the appropriate paper type. Visit our webpage to learn more about the updated guidance on the Director Review process and details on implementation of the final rule.

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