Observations on the Changing Landscape of the PTAB Director Review Process in 2024 | Fenwick & West LLP
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.
