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ARTICLE · 28 JUNE 2022

Goodbye ARC And Hello CJP: USPTO Creates Interim Process For PTAB Decision Circulation And Review

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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On May 26, 2022, the USPTO issued guidance on an interim process for PTAB decision circulation and internal PTAB review. The guidance replaces the PTAB's previous internal decision review committee...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
David Lebby
David Lebby
Amanda Murphy
Amanda Murphy
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On May 26, 2022, the USPTO issued guidance on an interim process for PTAB decision circulation and internal PTAB review. The guidance replaces the PTAB's previous internal decision review committee, referred to as the AIA Review Committee (ARC), with a Circulation Judge Pool (CJP). The CJP is charged with reviewing AIA institution decisions, AIA final written decisions, and some categories of ex parte appeal decisions. Highlights of the CJP review process include:

  • Each decision reviewed by at least 2 CJP Judges
  • CJP open to any non-management PTAB Judge
  • Eight PTAB Judges on CJP, each serving for one-year terms
  • CJP comments are suggestions and not binding on the panel

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