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ARTICLE · 01 AUGUST 2023

Revised Interim Director Review Process In AIA Proceedings

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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To be sure, under prior guidance, the Director would occasionally review, sua sponte, Board institution decisions.

United StatesIntellectual Property
Cory C. Bell
Cory C. Bell
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On July 24, 2023, the United States Patent and Trademark Office (USPTO or Office) revised its interim process for the review of decisions of the Patent Trial and Appeal Board (PTAB or Board) by the Director of the USPTO in America Invents Act (AIA) proceedings.

Following the Supreme Court's decision in United States v. Arthrex, Inc., on June 29, 2021, the Office set forth an interim process for the Director to review final Board decisions. 141 S. Ct. 1970, 1986 (2021). After further updating that guidance on May 25, 2022, and June 17, 2022, the Office issued a Request for Comments on July 20, 2022, seeking public feedback on the interim Director Review process. The Office received 4,377 comments.

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