Intellectual Property Law

USPTO updates information on implementation of the Supreme Court’s decision in U.S. v. Arthrex, Inc.

On June 29, as a result of the recent Supreme Court decision in U.S. v. Arthrex, Inc., the USPTO implemented an interim procedure whereby review of a Patent Trial and Appeal Board (PTAB) final written decision in an inter partes, post-grant, or covered business method review may be initiated sua sponte by the Director or requested by a party to a PTAB proceeding.

The USPTO requested feedback on the interim Director review process and, in response to that feedback, has updated the Arthrex Q&As. In response to questions from the public, the current update revises several existing Q&As and adds new Q&As to clarify certain aspects of the interim Director review process. The Office anticipates that it will provide more information and updates in the near term. Thus, further suggestions and questions are welcome and may be submitted to Director_Review_Suggestions@uspto.gov.

More details on the interim Director review process are provided on the USPTO Arthrex information page and the Arthrex Boardside Chat event page of the USPTO website.

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