What actions can the USPTO Director take following a Federal Circuit decision?
Following a decision by the U.S. Court of Appeals for the Federal Circuit, the USPTO Director has several options for action, depending on the nature of the decision and its implications for the case. These actions may include:
- Implementing the court’s decision directly
- Requesting a rehearing or en banc review
- Petitioning for certiorari to the Supreme Court
- Issuing guidance to examiners based on the court’s ruling
MPEP 1216.01 notes: “The Director may request rehearing before the Federal Circuit, or may decide that the USPTO will not request rehearing, and allow the Federal Circuit’s decision to become final.” Additionally, “The USPTO may petition the Supreme Court for certiorari if it so desires.”
The Director’s actions are crucial in determining how Federal Circuit decisions are applied within the USPTO and can have significant impacts on patent examination practices and policies.
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