In light of the U.S. Supreme Court's decision in Arthrex, the Court implemented Director review of Patent Trial and Appeal Board (PTAB) decisions, a process that gives the Director of the U.S. Patent and Trademark Office the authority to weigh in on PTAB final written decisions in inter partes review (IPR) or post-grant review (PGR) proceedings. USPTO Director Kathi Vidal is the first person in the Director role to have this authority and since taking office in April 2022, she has intervened nine times in just four month on PTAB rulings. Law360 contacted Finnegan partner Jeff Totten for his thoughts on the new process and Director Vidal's recent decisions.
Jeff noted that before the director had the power to review PTAB decisions, exactly what the head of the patent office thought about many of the nuances of practice at the board was often unknowable, so the influx of director reviews will be helpful in advising clients on how to approach their filings. He said, "It seems they will continue to be an important tool for parties before the PTAB, as they will inform the way that the board and parties approach particular issues. At this point, we're just waiting for it all to develop."
Read "Vidal's Director Reviews Show Hands-On Approach with PTAB"
