Major call for views on controversial USPTO powers
The agency seeks input on an interim director review process of PTAB decisions | Kathi Vidal | US v Arthrex.
The US Patent and Trademark Office (USPTO) is asking for views on the powers wielded by its director, as well as the influence of its Precedential Opinion Panel (POP).
The agency issued the announcement yesterday, July 19, which also seeks comments on its internal agency reviews of Patent Trial and Appeal board (PTAB) decisions.
The request for comment (RFC) is available in the reading room of the Federal Register.
According to the USPTO, the request aims to identify concrete changes that can be enacted and will likely introduce updates to some of the interim processes that are currently in place for PTAB decision-making in Leahy-Smith America Invents Act proceedings.
To inform such rulemaking, and any modifications to the interim processes pending formalisation, the USPTO seeks public commentary beforehand.
Specifically, the USPTO seeks input on the current interim 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.
These provisions also allows the director, Kathi Vidal, the option to sua sponte initiate review of any PTAB decisions, including institution decisions and decisions on rehearing.
Last year, SCOTUS delivered a fractured opinion in US v Arthrex handing power to the US Patent and Trademark Office (USPTO) director to assess IPR decisions.
But the scope and extent of this authority has remained subject to a heated debate in patenting circles.
The USPTO also seeks views on the POP review process, as well as the current interim process for PTAB decision circulation and internal PTAB review.
The USPTO will hold a webinar to discuss the issues on Thursday, August 11, from noon to 1pm ET.
Comments will be accepted through September 18, and interested parties can submit comments through the Federal eRulemaking Portal at www.regulations.gov.
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