We begin with a review of 2021 petition filings and outcomes at the Patent Trial and Appeal Board (PTAB), and examine the effect of the PTAB’s precedential Fintiv decision on case institutions. We then provide a summary of notable developments at the PTAB, including how the PTAB has dealt with the absence of a director, especially while implementing the U.S. Supreme Court’s mandate in Arthrex that the director provide overt oversight for PTAB decisions, and the nomination of a new U.S. Patent and Trademark Office (USPTO) director. In addition, we explore important appellate decisions relating to PTAB trials, and provide an update on the PTAB’s motion to amend USPTO’s MTA Pilot Program.
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