AIPLA Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of PTAB Decisions October 21, 2022

File Downloads

All documents are in PDF format.

Arlington, VA. October 21, 2022 - The American Intellectual Property Law Association (AIPLA) offered its response to the United States Patent and Trademark Office (“USPTO”) regarding the USPTO’s Request for Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of Patent Trial and Appeal Board Decisions.

The response recommends that Director review of PTAB decisions should be available to parties only, for final written decisions. For all intervening orders, including institution decisions, the response recommends allowing sua sponte Director review. The response includes continued support for notice and comment rulemaking as the preferred mechanism to address the conduct of AIA trial proceedings. Precedential decisions, including precedential Director Review decisions, should be infrequent or even rare. The response further recommends maintaining the Precedential Opinion Panel (“POP”) as the source of precedential decision-making as much as possible.

To view the complete comments, please download the comment letter posted to the right of this page.  

Upcoming Events

  • World IP Day 2024

    May 1, 2024 4:00 PM to 7:00 PM

    Join AIPLA and partner organizations on May 1 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2024. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and the SDGs: Building Our Common Future With Innovation and Creativity.”
  • 17th Annual Design Day

    May 9, 2024 10:00 AM to 5:00 PM

    Join us for an in-person or virtual day of lively and thought-provoking discussion about various aspects of design patents, hosted at the United States Patent and Trademark Office (USPTO). Get insights from USPTO design managers, design patent practitioners, and industrial designers. No CLE credit is offered for attendance.
  • 2024 Advanced Chemical Patent Practice Institute

    May 14 to 15, 2024

    This advanced course is designed for patent attorneys and patent agents actively practicing in the chemical and related arts and will be presented from both prosecution and litigation perspectives and equips practitioners to prepare and prosecute patent applications, withstand challenges from PTAB and district courts, including such hot button issues as advanced claim drafting, claim construction, written description, enablement, and legislative proposals. Attendees will be armed with strategies and best practices to maximize the scope of patent protection while minimizing challenges to the validity and enforceability of the patents. The program also offers information that will assist in client counseling and making strategic portfolio and business decisions.
  • 2024 Spring Meeting - Austin, TX

    May 16 to 18, 2024

    Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2024 Spring meeting will take place in downtown Austin, at the Hilton Austin. Leadership Meetings on Wednesday, May 15. Programming scheduled May 16-18.
  • 2024 Legal Secretaries & Administrators Conference

    May 21 to 22, 2024

    It can be hard to stay on top of the latest news, procedures, and tools. The Legal Secretaries and Administrators conference can assist. This conference is designed for paralegals, administrators, and other office specialists to hear directly from the United States Patent and Trademark Office (USPTO). This two-day virtual program provides a comprehensive overview of new features and services, best practices for streamlining procedures, and opportunities to ask questions and hear directly from the USPTO.