PTO Finalizes Expansion of Director Review of Tribunal Decisions

The US Patent and Trademark Office finalized rules outlining when and how the director can review decisions from the tribunal reviewing patent eligibility challenges.

Three years after the Supreme Court’s decision in United States v. Arthrex Inc. established the director’s authority to evaluate Patent Trial and Appeal Board decisions, the final rules will adopt interim procedures the office has used since 2022. The rules are set to publish Tuesday in the Federal Register.

Under the rules, parties will be able to request director review of a PTAB decision instituting a trial, a final written decision from the Board, a grant ...