In a notable event for U.S. patent law, United States Patent and Trademark Office (USPTO) Director Vidal recently utilized the Revised Interim Director Review Process to command a Delegated Rehearing Panel to reassess a choice denying the initiation of an inter partes review (IPR). This marked the first occasion where such a process has been used.
To provide context, back in July, the USPTO set up a Delegated Rehearing Panel process. This structure allows the Director to delegate additional scrutiny to Director Review appeal requests pertaining to Institution Decisions and Final Written Decisions. Last week, Director Vidal exercised this power in the case of DK Crown Holdings Inc. V. Diogenes, as reported by Foley & Lardner LLP.
Inter partes review (IPR) is an administrative procedure that facilitates third parties to challenge the validity of a granted patent before a USPTO panel, known as the Patent Trial and Appeal Board (PTAB). Before this process, petitioners who were denied institution decisions only had limited channels for appeal.
The introduction of the Revised Interim Director Review Process bears significant implications for corporations and law firms involved in patent disputes. It presents a novel avenue for contesting unfavorable rulings, fostering an additional layer of review within the USPTO hierarchy.
The recent utilization of this process by Director Vidal underscores the potential for its application in future patent cases. Legal professionals are advised to keep abreast of this new development in USPTO administration as it may herald novel strategies and considerations in the handling of patent disputes.