On July 24, 2023, the US Patent & Trademark Office (PTO) announced some notable changes in its review procedures, specifically in the interim Director Review (DR) process and Appeals Review Panel (ARP) process. These changes mark the end of the Precedential Opinion Panel Process, which was previously in place.
One significant update to the interim DR process, as reported by JD Supra, includes the expansion of the process to permit parties to request DR of Patent Trial & Appeal Board (PTAB) decisions on the institution in America Invents Act (AIA) proceedings. With this change, parties involved in patent disputes will now have more avenues to seek review of PTAB decisions in AIA cases.
These alterations to the interim DR and ARP processes might bring about significant effects on how patent cases are handled within the PTO and could potentially influence future decision-making norms in AIA proceedings. As always, legal practitioners notably patent lawyers, corporate legal teams, and policy officials should stay informed as these changes are implemented, and ensure that they fully understand the potential implications of these procedural shifts for their work and respective cases.
Additional details and procedures are expected from the US Parent & Trademark Office in the coming weeks. We will continue to monitor these updates closely and bring you the latest analysis and insight.