Appeals Review Panel

The page describes the Appeals Review Panel (ARP), established July 24, 2023, which the Director may convene sua sponte, at her or his sole discretion, to review Board decisions in ex parte, reexamination and reissue appeals. It sets the panel's default composition (the Director, the Commissioner for Patents and the Chief Judge), its recusal rules, a typical three-month decision target, and the effect and reviewability of its decisions. Requests for ARP review are not accepted or considered. Appellants, applicants and patent owners in ex parte, reexamination and reissue appeals cannot request ARP review and cannot request rehearing of an ARP decision, so they cannot trigger or contest the process at the Office. They can appeal to the Federal Circuit or file a civil action against the Director in the Eastern District of Virginia. An order delegating a decision to the ARP is treated like a timely rehearing request under 37 C.F.R. § 90.3(b), which resets the appeal or civil-action deadline to no later than 63 days after final resolution of the ARP process. The page cites 35 U.S.C. § 6(a) and (c), 5 C.F.R. Part 2635, SOP 1 and SOP 2, Revision 11. WHAT IT DOES: Lets the Director convene the ARP sua sponte to review a decision in an ex parte, reexamination or reissue appeal, with the appeal repaneled to the ARP. Requests for ARP review are not accepted or considered. The ARP has three members, by default the Director, the Commissioner for Patents and the Chief Judge of the Board. Members with a conflict must recuse. The ARP aims to decide typically within three months of granting review. Its decisions are routine by default under SOP 2 and may be nominated for precedential or informative designation. Rehearing of ARP decisions is not available to appellants. WHO AND WHEN: Applies to ex parte appeals, reexamination appeals and reissue appeals before the Board. The ARP was established July 24, 2023, and Section 3 on conflicts of interest was updated October 8, 2025. ARP members recuse themselves from discussion of cases or related cases on which they are paneled. KEY QUOTE: "Requests for ARP review will not be accepted or considered." (Section 1, ARP Review) EARLIER GUIDANCE AFFECTED: The ARP, together with the Director Review process (including the option to delegate review to a Delegated Rehearing Panel), replaced the Precedential Opinion Panel process. The page follows Standard Operating Procedure 1 on conflicts and Standard Operating Procedure 2, Revision 11 on decision designation. PRACTICE TIP: Do not file a request for ARP review or for rehearing of an ARP decision. If the Director delegates your appeal to the ARP, calendar the reset appeal or civil-action deadline of no later than 63 days after final resolution of the ARP process, and nominate a useful ARP decision for precedential or informative designation through the PTAB Decision Nomination web form if warranted.