McKool Smith principal Scott Hejny spoke with World IP Review on the uncertainties over USPTO directors’ authority after the ruling of US v Arthrex. Scott pointed out that temporary leader of USPTO, Drew Hirshfeld “likely had input from others at the USPTO since the denials were issued less than a month after the parties requested review, and less than two weeks after the office published its revised Q&As regarding the review process itself.” Scott said, “That could signal heavy reliance on staff in analyzing challenged final written decisions, which was also foreseeable. Both parties seeking a director review simultaneously requested a panel rehearing, which the Q&As suggest will not be allowed moving forward.” Read the article here.
