Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

USPTO Requests Comments on PTAB-Decision Review by October 18, 2022

By Bryan D. Beel on September 16, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

On July 22, 2022, the USPTO released a Request for Comments (RFC) seeking public input on Director review, Precedential Opinion Panel (POP) review, and internal circulation and review of Patent Trial and Appeal Board (PTAB) decisions.

As set out in the RFC, “[t]he USPTO has implemented a number of processes that promote the accuracy, consistency, and integrity of PTAB decision-making in Leahy-Smith America Invents Act of 2011 (AIA) proceedings. The USPTO plans to formalize those processes through notice-and-comment rulemaking. To inform such rulemaking, and to inform any modifications to the interim processes pending formalization, the USPTO seeks public comments. Specifically, the USPTO seeks input on the current interim Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director) review process that allows a party to request Director review of a PTAB final written decision in inter partes review (IPR) or post-grant review (PGR) proceedings, and also provides the Director the option to sua sponte initiate the review of any PTAB decisions (at the Director’s discretion), including institution decisions and decisions on rehearing. The USPTO also seeks input on the Precedential Opinion Panel (POP) process. Finally, the USPTO seeks input on the current interim process for PTAB decision circulation and internal PTAB review. These processes, implemented by the PTAB prior to issuing decisions and implemented without Director input, are modeled after practices of the U.S. Court of Appeals for the Federal Circuit.”

The comment period was originally set to close on September 18, 2022, but the USPTO recently extended that deadline to October 19, 2022. Comments can be submitted through the portal at http://www.regulations.gov, and submitted comments can be reviewed at https://www.regulations.gov/document/PTO-P-2022-0023-0001/comment.

  • Posted in:
    Intellectual Property
  • Blog:
    Life Science Legal Report
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo