AIPLA Comments on Rules Governing Director Review of Patent Trial and Appeal Board Decisions

Arlington, VA. June 17, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO on Rules Governing Director Review of Patent Trial and Appeal Board Decisions.

AIPLA commends the Office's efforts to formalize the Director Review process of PTAB decisions through rulemaking, aiming for transparency, fairness, and consistency by incorporating public input. Previously, AIPLA responded to the Office's Request for Comments on Director Review and related procedures, suggesting a de novo standard for legal questions and a clear error standard for factual questions in final written decisions, while advocating for an abuse of discretion standard for sua sponte. The comments emphasize that a split standard mirrors appellate courts and maintains efficiency without reopening cases unnecessarily. Additionally, the comments recommend limiting Director Review requests to final written decisions, while supporting the Director's discretion for sua sponte reviews. The comments urge the Office to clarify the review standards to ensure transparency and consistency.

Please download the comments posted to the right of this page to view in full.