Patent Protection: Should Third Parties Be Able To Request PTO Director Review Of PTAB Decisions?

Agency asks stakeholders to weigh in on the process for director review of decisions by the Patent Trial and Appeal Board. PTO questions whether review should be limited to final written decisions and if the precedential opinion process should remain in effect.

USPTO building
USPTO seeks comments on director review of decisions by the Patent Trial and Appeal Board • Source: Shutterstock

The US Patent and Trademark Office is seeking input from the public on the process being established for USPTO director review of final written decisions of the agency’s Patent Trial and Appeal Board. The outcome could determine who has a chance to request a review and whether reviews will extend to other PTAB actions.

The USPTO implemented an interim process for director review of PTAB decisions in June 2021 in response to the US...

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