Patent Director Review Comments Call for Transparency in Process

Patent-owning companies and intellectual property groups called for more transparency and accountability in administrative patent reviews, responding to a US Patent and Trademark Office request for public feedback.

“The current process is opaque,” the New York City Bar wrote in its comments. “Criteria for determining which petitions will be granted Director review are not delineated.”

The PTO began conducting director review of Patent Trial and Appeal Board decisions following the US Supreme Court’s June 2021 decision in US v. Arthrex, which said the process was necessary to check the PTAB’s authority. PTO Director Kathi Vidal has largely focused reviews ...