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ARTICLE · 01 JULY 2021

After Arthrex, USPTO Creates Interim Director Review Process

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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On June 29, 2021, the USPTO issued guidance on the implementation of an interim Director review process in view of the Supreme Court's decision in United States v. Arthrex.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Amanda Murphy
Amanda Murphy
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On June 29, 2021, the USPTO issued guidance on the implementation of an interim Director review process in view of the Supreme Court's decision in United States v. Arthrex.  Accordingly, the USPTO now provides a process by which a party can request review by the Director of PTAB final written decision.  A party interested in such review must do the following:

  1. Enter a Request for Rehearing by the Director into PTAB E2E.
  2. Submit a notification of the Request for Rehearing by the Director to the Office by email to [email protected] copying counsel for all parties by email.

A party must make a request for Director review within 30 days of the entry of a final written decision or decision on rehearing by a PTAB panel.  The interim review process is available for inter partes review or post-grant review proceedings.  Practitioners may note that this interim procedure is similar to the current process by which parties can request review from

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