Returning Merits-Based Considerations to PTAB
United States Patent and Trademark Office (USPTO) Director John Squires’s 10 November 2026 memorandum returns merits-based institution determinations to the Patent Trial and Appeal Board (PTAB), effective 16 November. But practitioners should not mistake the change for a wholesale restoration of the former delegated-institution model. The Director retains non-merits screening and ultimate statutory authority, while separate panels will decide institution and conduct any ensuing trial, with no overlap to avoid bias or preconceived perceptions of the arguments.
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