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ARTICLE · 31 JULY 2023

USPTO Announces Director Review For Ex Parte Appeals

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In a bulletin issued July 24, 2022, focused on Director Review of Patent Trial and Appeal Board (PTAB) decisions in AIA trials, the USPTO also announced the creation...

United StatesLitigation, Mediation & Arbitration
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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In a bulletin issued July 24, 2022, focused on Director Review of Patent Trial and Appeal Board (PTAB) decisions in AIA trials, the USPTO also announced the creation of "a new Appeals Review Panel (ARP), which may be convened by the Director sua sponte, to review PTAB ex parte, reexamination, or reissue appeal decisions," and published a memorandum and updated internal operating procedures pertaining to ex parte appeals. The ARP and memorandum will be of interest to practitioners and stakeholders with ex parte PTAB appeals.

The New Appeals Review Panel (ARP)

The bulletin does not say much about the new ARP or why it was created, but promises the USPTO "will engage in a public notice and comment rulemaking process on these interim updates in the near future to allow stakeholders to weigh in on the changes."

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