Delegated Rehearing Panel

The page explains how the Director, within the Director Review process, may delegate review of a PTAB decision in an AIA proceeding to a Delegated Rehearing Panel (DRP) of three Board members drawn from the Chief Judge, Deputy Chief Judge and Vice Chief Judges. It sets the DRP's composition, delegation orders, standard of review (misapprehended or overlooked issues), remand, appeal, rehearing and conflict-of-interest procedures. Parties cannot ask for Director Review of a DRP decision. They get one rehearing request of the DRP decision, or, after a remand, one rehearing request or one Director Review request of the Board's decision on remand. That request must identify what was misapprehended or overlooked and cannot re-argue or raise new issues. A DRP decision on a final written decision is appealable to the Federal Circuit, and a sua sponte delegation order resets the appeal clock. A DRP decision on institution is not appealable. The page rests on 35 U.S.C. § 6(c), 37 C.F.R. §§ 42.71(d), 42.75(f) and 90.3(b), and Arthrex. WHAT IT DOES: Lets the Director delegate review of any Board decision, on request or sua sponte, to a three-member DRP drawn from the Chief, Deputy Chief and Vice Chief Judges. The Director issues a delegation order and the Board enters an order naming the panel. The DRP decides whether to grant rehearing, asks for more briefing only rarely, may order a hearing, and may correct the decision or remand. It keeps jurisdiction while it reviews, but may hand routine matters back to the Board. On remand the Board aims to decide within six months. Judges recuse for conflicts under 5 C.F.R. Part 2635 and SOP 1. WHO AND WHEN: Applies to AIA proceedings, including institution decisions and final written decisions, where the Director delegates. The DRP was established July 24, 2023. The Director Review rules were published October 1, 2024 and became effective October 31, 2024. The page was last updated October 8, 2025 (Section 2.G). KEY QUOTE: "Parties are not permitted to file requests for Director Review of a decision of the DRP." (Section 2.F.iii, Further Director Review) EARLIER GUIDANCE AFFECTED: None identified in the document. It states that it does not otherwise alter SOP 1. It follows SOP 2 (Revision 11) for designation of DRP decisions and SOP 4 for independence. It cites SOP 3 for remand timing and 37 C.F.R. § 42.71(d) for the standard. PRACTICE TIP: If a DRP decision or a Board decision on remand goes against you, file one timely rehearing request that identifies the specific matter misapprehended or overlooked. Send it by email to DRP_PTABDecision@uspto.gov, copying all counsel. Do not file for Director Review of a DRP decision, and do not re-argue the merits.