Patent Lawyers Conflicted Over Agency Head’s Growing Review Role

Several attorneys who practice before the US Patent and Trademark Office conveyed measured optimism, while others expressed concerns, after the agency announced Director Kathi Vidal would take on an expanded role overseeing patent validity disputes.

Since 2021, following the US Supreme Court’s decision in US v. Arthrex, the director has had the clear authority to review final written decisions issued by the Patent Trial and Appeal Board.

But starting this week, Vidal announced, patent owners and challengers have the right to seek director review of threshold PTAB decisions on whether to institute proceedings in the first place, including ...