PTAB Updates Procedures For Interim Director Revi

PTAB Updates Procedures For Interim Director Review, PTAB Litigation Blog

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Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions.  The updated procedures include the following key provisions:

  • Expanding the process to permit parties to request DR of PTAB decisions on institution in AIA proceedings;
  • Providing updated guidance as to what types of issues the Director will consider in DR, as well as additional guidance on various topics, such as the initiation of DR at the sole discretion of the Director (sua sponte DR), remands to PTAB for further proceedings, and sanction authority of the Director;
  • Providing the Director the option to delegate review to a new independent panel called the Delegated Rehearing Panel (“DRP”); and
  • Creating a new Appeals Review Panel (“ARP”), which may be convened by the Director sua sponte, to review PTAB ex parte, reexamination, or reissue appeal decisions.

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