NEWS: USPTO Issues First Director Review Decisions

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On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests.  The full press release is below:

USPTO issues first Director review decisions

On June 29, as a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the United States Patent and Trademark Office (USPTO) implemented an interim procedure whereby review of a Patent Trial and Appeal Board (PTAB) final written decision in an inter partes, post-grant, or covered business method review may be initiated sua sponte by the Director or requested by a party to a PTAB proceeding.

 

The USPTO received its first two requests for Director review on July 6 and July 7. Today, Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, has issued decisions in those cases (IPR2020-00081 and IPR2020-00320). The order in each case denies the request for Director review and provides that “the Patent Trial and Appeal Board’s Final Written Decision in this case is the final decision of the agency.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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