USPTO Director Defines “Exceptional Circumstances” for Director Review—and Terminates Three IPRs

Short summary

The USPTO Director established clear criteria for extending deadlines to seek Director Review of inter partes reviews, including district court invalidity findings or dismissal of substantially all claims. The Office also extended the standard Director Review deadline from 14 to 30 days. Patent litigation teams now have concrete guidance on when delayed Director Review requests are permitted.

• •Director framework identifies "exceptional circumstances" (district court invalidity findings, claim dismissals, Sotera violations) justifying extended Director Review deadlines
• •Prospective rule change extends standard Director Review deadline from 14 to 30 days, aligning timelines
• •Provides IP practitioners a clear checklist for delayed Director Review eligibility in patent litigation

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