In her year and a half tenure as the head of the U.S. Patent and Trademark Office (USPTO), Director Kathi Vidal has made a discernible impression on the Patent Trial and Appeal Board (PTAB). Initiating actions such as Director Reviews, issuing guidelines, and listing additional cases as precedential are amongst her contributions. Evidently, the USPTO is experiencing a subtle return to its 2016 institutional rates, enabling it to restore its foundational principles despite challenges.Read more
A significant shift can be traced to the institution of Director Reviews, influenced by the verdict in United States v. Arthrex, Inc., a U.S. Supreme Court ruling that highlighted procedural flaws in how administrative patent judges were appointed to the PTAB. Aligning with the court’s mandate, Vidal implemented a new review procedure. Although it was introduced before Vidal took office, she escalated its practical application by rigorously conducting reviews. Under her tenure, 41 Director Reviews have been carried out, representing a marked difference from the five reviews from the 189 requests granted prior to her occupancy.
By issuing these Director Reviews frequently and spontaneously, Vidal has been instrumental in recalibrating PTAB procedures and setting a clearer precedent. With an eye on the USPTO’s current Strategic Plan and upcoming rulemaking announcements, it indicates that under Vidal’s continued leadership, PTAB can anticipate further organizational improvements. Details