USPTO Has a New Avenue for Adjusting Arguments and Grounds for Rejection Mid-Appeal: The Appeals Review Panel

USPTO Has a New Avenue for Adjusting Arguments and Grounds for Rejection Mid-Appeal: The Appeals Review Panel

On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in In re Xencor, in which the Federal Circuit, for the first time, reviewed an appeal of a decision by the ARP. According to the USPTO, this case also marked the first time, and only time to date, that the director of the USPTO has convened the ARP to review a board decision in an ex parte appeal.