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ARTICLE · 03 JUNE 2022

USPTO Announces New Interim Process For PTAB Decision Circulation And Internal Review

Womble Bond Dickinson
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On May 26, 2022, the USPTO announced its interim process for PTAB decision circulation and internal PTAB review in hopes of further promoting "consistent, clear, and open decision-making."

United StatesIntellectual Property
Anna Marie Whitacre
Anna Marie Whitacre
Rodney R. Miller
Rodney R. Miller
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On May 26, 2022, the USPTO announced its interim process for PTAB decision circulation and internal PTAB review in hopes of further promoting "consistent, clear, and open decision-making." This interim process models the Federal Circuit's ten-day circulation process for precedential decisions and the previous Senior Technical Assistant's circulation process.

Under the new interim process, before the PTAB panel issues a decision, certain sections of a draft decision are circulated amongst at least eight non-management PTAB judges. The USPTO coins this group of PTAB judges the "Circulation Judge Pool" ("CJP") and considers the CJP to be wholly representative of the PTAB. Although a draft decision is circulated amongst the entire CJP, the interim process only requires that at least two CJP judges review the draft decision.

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