USPTO Expands Director Review to Institution Decisions
By Ferraiuoli LLC
The United States Patent and Trademark Office (USPTO) has expanded the Director Review (DR) option to institution decisions, giving parties an additional opportunity to challenge the validity of their patents before the Patent Trial and Appeal Board (PTAB).
Previously, DR was only available for PTAB decisions on final written decisions. The extension of DR to institution decisions is a significant change, as it could help to ensure that only valid patents are allowed to proceed to trial.
The USPTO made the decision to extend DR to institution decisions after considering feedback from stakeholders. The agency received a number of requests from parties who wanted to have the option to request DR of institution decisions. The USPTO also found that there were a number of cases where DR could have been helpful in preventing the institution of IPRs that were ultimately unsuccessful.
The extension of DR to institution decisions is one of a number of changes that the USPTO has made to its patent review process in recent years. The agency has also made changes to the PTAB's procedures for rehearing and appeal, and it has created a new process for reviewing precedential opinions. These changes are designed to make the patent review process more efficient and effective, and to ensure that only valid patents are allowed to issue.
