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ARTICLE · 28 JULY 2023

USPTO Announces Revised Director Review Process

On July 24, the USPTO announced a revised Director interim review process. Although the USPTO in July 2022 had requested comments on its director review process...

United StatesIntellectual Property

On July 24, the USPTO announced a revised Director interim review process. Although the USPTO in July 2022 had requested comments on its director review process and the comment period was closed on October 19, 2022, the USPTO has still not formalized the process or published any proposed rules to implement it.  Instead, it revised its interim review process.

The revised process has changed:

        Director review of institution decision: One can now request review of (1) decision whether to institute a trial, (2) final written decision, and (3) decision granting a request for rehearing.  Under the prior guidelines a review could be requested only after a final written decision (FWD).

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