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Patent Trial and Appeal Board |
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USPTO updates Director Review process for AIA proceedings where a notice of appeal has been filed
Today, the USPTO has updated its process for handling requests for Director Review where a party files a notice of appeal to the United States Court of Appeals for the Federal Circuit before the time period for filing a request for Director Review expires. In such cases, the Office will stay consideration of a subsequently filed Director Review request until the Federal Circuit determines whether to order a limited remand to the Office. See Yangtze Memory Techs. Co. v. Micron Tech., Inc., No. 26-1110, slip op. at 2 (Fed. Cir. Dec. 9, 2025) (granting limited remand for Director to consider timely request for Director Review filed after notice of appeal); Luminex Int’l Co., Ltd. v. Signify Holdings B.V., No. 25-2093, slip op. at 2 (Fed. Cir. Oct. 20, 2025) (same).
The Director Review process webpage reflects this change.
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