Critical Things to Know About Director Review Practice at the USPTO

The United States Patent and Trademark Office issued a final rule formalizing the Director Review process for Patent Trial and Appeal Board decisions, which had been operating on an interim basis following the U.S. Supreme Court’s 2021 decision in United States v. Arthrex Inc. This new rule ensures that practitioners can rely on the Director Review process moving forward. The final rule, titled "Rules Governing Director Review of Patent Trial and Appeal Board Decisions," aligns closely with the interim procedures used over the past three years. No major changes are expected soon, but data from prior Director Review decisions can guide future legal strategies. In this article, Cory Bell, Kassandra Officer and William Neer discuss the final rule and provide key takeaways. Click here to read.