Director Review process

The USPTO's Director Review process page explains how parties may seek Director review of Board decisions in part 42 proceedings under 37 C.F.R. § 42.75 (effective October 31, 2024). It sets out who may request review, the permitted grounds, timing, content, fees, the Director's handling and standard of review, and the effect on appeal. The June 29, 2026 update revised Section 3.B on timing, which now states a 30-day deadline for requests on decisions instituting trial and extensions in exceptional circumstances. Petitioners and patent owners get one request for Director Review in lieu of panel rehearing. They must fit it within an abuse of discretion, an important issue of law or policy, erroneous findings of material fact, or erroneous conclusions of law. Missing the deadline is fatal absent a good cause extension, and any argument not made in the request may be deemed waived. A timely request is treated as a rehearing request under 37 C.F.R. § 90.3(b)(1) and resets the appeal time. The page rests on 37 C.F.R. § 42.75, § 42.71(d) and United States v. Arthrex, Inc., 594 U.S. 1 (2021). WHAT IT DOES: Allows one request for Director Review, filed in P-TACTS in lieu of Board rehearing, of institution decisions, final decisions, decisions granting rehearing, and other decisions concluding a proceeding. Grounds are limited to abuse of discretion, important issues of law or policy, erroneous findings of material fact, or erroneous conclusions of law. Both discretionary and merits issues may be raised on institution decisions, but a final-decision request is generally not a vehicle for institution issues. The 37 C.F.R. § 42.15(f) fee is due on filing. New evidence or argument needs Director authorization. Responses are permitted only if authorized and are limited to 15 pages, due within five business days, for requests filed on or after July 16, 2025. The Director reviews de novo and may affirm, reverse, modify, vacate or remand. The Director may also initiate review sua sponte. WHO AND WHEN: Applies to parties in part 42 proceedings, including IPR, PGR and derivation proceedings. Third parties may not request review or comment, apart from authorized amicus briefing. The deadline is the 37 C.F.R. § 42.71(d) period. For decisions instituting trial, the Director waived the 14-day rule and extended it to 30 days (Light & Wonder, Inc. v. Evolution Malta Ltd., IPR2025-01072, Paper 30 (Director June 22, 2026)). Sua sponte review is generally available within 21 days after the rehearing period expires and before a notice of appeal is filed. KEY QUOTE: "A party is limited to requesting Director Review or rehearing by the Board, but shall not request both." (Section 3.A, Submission) EARLIER GUIDANCE AFFECTED: None identified in the document. The page implements 37 C.F.R. § 42.75 (89 FR 79744 (Oct. 1, 2024)) and follows Arthrex. It cites SOP 4 for remands and SOP 1 for conflicts. It lists earlier updates but does not name any rescinded guidance. PRACTICE TIP: Calendar the Director Review deadline immediately, and use the 30-day period only for requests on decisions instituting trial. Choose between Director Review and panel rehearing, because filing both gets treated as Director Review only. Put every argument in the request, because arguments omitted from it may be deemed waived.