USPTO Extends Director Review (DR) Option to Institution Decisions, Retires the Precedential Opinion Panel (POP), and Updates Interim DR Procedures

Excerpt:  “Beginning July 24, 2023, the United States Patent and Trademark Office (USPTO) has updated our procedures for the interim Director Review (DR) of Patent Trial and Appeal Board (PTAB) decisions. Updates to the interim DR process include: 1) Expanding the process to permit parties to request DR of PTAB decisions on institution in AIA proceedings; 2) Providing updated guidance as to what types of issues the Director will consider in DR, as well as additional guidance on various topics, such as the initiation of DR at the sole discretion of the Director (sua sponte DR), remands to PTAB for further proceedings, and sanction authority of the Director; 3) Providing the Director the option to delegate review to a new independent panel called the Delegated Rehearing Panel (DRP); and 4) Creating 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.”