News & Analysis as of

NPRM United States Patent and Trademark Office Administrative Review

Fenwick & West LLP

Understanding the Latest on Director Review in AIA Proceedings

Fenwick & West LLP on

The NPRM proposals align with interim guidance on requesting director review for key AIA trial decisions. Following the Arthrex v. Smith & Nephew ruling, director review by the USPTO Director remains crucial for addressing...more

WilmerHale

PTAB/USPTO Update - May 2024

WilmerHale on

On April 30, the USPTO announced a Request for Comments (RFC) seeking public feedback on how AI could affect USPTO evaluations on patentability, including what qualifies as prior art and the assessment of the level of...more

Jones Day

PTAB Announces Rules Formalizing Director Review

Jones Day on

In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review. The PTO has now issued a Notice of Proposed Rulemaking (“NPRM”) formalizing the Director Review...more

Fish & Richardson

USPTO Issues Proposed Rules on Director Review

Fish & Richardson on

On April 16, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions....more

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