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