PTAB Announces Rules Formalizing Director Review

PTAB Announces Rules Formalizing Director Review, PTAB Litigation Blog

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In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review (discussed here).  The PTO has now issued a Notice of Proposed Rulemaking (“NPRM”) formalizing the Director Review process.  The NPRM outlines various proposed rules governing Director Review including specifying when such review can be requested, the timing and format of a party’s request, the interplay between requesting Director Review or panel rehearing, and initiating sua sponte reviews.

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