New Interim Process At The PTAB For Decision Circulation And Internal Review

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and increasing transparency during the decision pre-issuance process. The push for increased transparency comes as a result of last year's Supreme Court decision in United States v. Arthrex, Inc.In response to the Arthrex decision, the USPTO emphasizes that "the interim process makes clear that the Director is not involved, pre-issuance, in directing or otherwise influencing panel decisions, and the PTAB panel has final authority and responsibility for the content of a decision."