AIPLA Comments on the USPTO in Response to the Interim Process for Director Review July 11, 2022

On July 11, the American Intellectual Property Law Association (AIPLA) offered its initial views to the United States Patent and Trademark Office (“USPTO”) in response to the Interim Process for PTAB Director Review. AIPLA appreciates the USPTO’s focus on improving fairness to all parties and achieving greater consistency and predictability in these proceedings. 

AIPLA recognizes the USPTO’s efforts to adopt a transparent process for Director review. It is AIPLA’s belief that the Patent Trial and Appeal Board (PTAB) decision-making should be transparent to ensure accountability and facilitate review on appeal. AIPLA notes some additional issues that could be clarified before the final Request For Comments is issued, including, providing examples of issues and explanations that would be appropriate for a Rehearing Request by the Director (with respect to “Focusing and Prioritizing Issues”), and identifying the issues that will be considered in the Director Review. 

Such transparency surrounding PTAB decision-making is important to promote public confidence and we note that several aspects of the process could use clarification. We suggest staggering the terms of Circulation Judge Pool judges to improve institutional knowledge and consistency and credit members of the CJP, ensuring they have sufficient time and resources to thoroughly review their decisions.