Director Adopts Panel Opinion
A few weeks back, I explained that the new Arthrex rehearing option— to the Director of the USPTO —was a non-event for practitioners. Reason being, the Director cannot just unilaterally reverse decisions “just because” he/she likes or dislikes patents. Of course, any such decision would be reviewable on appeal by the Federal Circuit.
While I was initially concerned with such filings piling up during the tenure of an Acting Director, the Acting Director is able to perform these duties (and issue patents) for a limited period of time while a politically appointed Director is seated. At least for now, that is how such rehearings will be decided.
Yesterday, the Acting Director issued his first two decisions, adopting the panel decisions in each as the final decision of the agency. Continue Reading Director Rehearing Decisions: No Path for Delay