June 19, 2024 | less than a minute read

Observations on the Changing Landscape of the PTAB Director Review Process in 2024

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Jennifer Bush

Associate

Get in touch

Jennifer Bush

Associate

So far in 2024, Director Review decisions have shifted from primarily sua sponte DRs to party-initiated DRs. In addition, there has been an increasing number of DR requests by petitioners this year.

Notably, there have been no sua sponte DRs in 2024, in contrast to 10 by June of 2023. The Director's attention has been drawn mostly towards discretionary denials, with a significant 73% of the recent DR requests relating to institution denials.

Moreover, the DR process now allows for the Director to delegate certain decisions to the Delegated Rehearing Panel (DRP). In the two decisions so far this year, the DRP vacated institution decisions related to the Board’s construction of claim terms.

What are your thoughts on these evolving dynamics in the DR process this year? Let's keep an eye on how these changes shape the landscape of patent disputes.

Looking at the DR decisions so far in 2024, preliminary observations show that the landscape around the DR process appears to be shifting from sua-sponte focused DRs to party-initiated DRs. It will be interesting to see if this trend holds or if the Director identifies additional areas requiring sua sponte intervention, as well as whether discretionary denial will continue to hold the Director’s attention or whether new areas of PTAB practice will get more attention through the DR process. The Director’s choice of which DRs should be delegated to the DRP will also be interesting to monitor, including as to whether the DRP remains a vehicle for addressing more nuanced positions as compared to broader guidance announced by way of DRs handled by the Director personally.