The U.S. Patent and Trademark Office director, Kathi Vidal, released a final rule on Director Review effective October 31, which expands the director's authority to review a wide range of decisions made during PTAB proceedings.
The rule allows for Director Review on adverse judgments, dismissals, interlocutory decisions, and board rulings on discovery or supplemental evidence, providing flexibility in the director's selection. The director rejected additional suggestions to the rule of sending cases back to different panels or delegating all reviews for political reasons.
Vidal's final rule has a few significant changes from the proposed final rule published in April, largely expanding what she is allowed to review and what evidence she — and future directors — can bring to the table when doing so. That includes expressly stating that derivation proceedings, a rarely invoked AIA challenge, fall under the director review process.
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