The USPTO appears poised to finalize a significant revision to Patent Trial and Appeal Board (PTAB) practice. A final rule titled Revision to Rules of Practice Before the Patent Trial and Appeal Board (90 FR 48335) is currently undergoing Executive Order 12866 review (RIN: 0651-AD89), indicating that agency review has been completed and the rule is nearing publication.
Read MoreIn a precedential order issued 22 June 2026, USPTO Director John A. Squires took the rare step of initiating sua sponte Director Review across three inter partes review (IPR) proceedings to provide meaningful guidance on when “exceptional circumstances” justify extending the 30-day deadline to seek Director Review of an institution decision.
Read MoreEarlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv factors should be addressed going forward. Shortly after, Acting Director Stewart issued a memorandum titled “Interim Processes for PTAB Workload Management” that provided additional non-Fintiv discretionary factors that should be assessed to determine whether discretionary denial of an IPR petition is appropriate.
Read MoreCopyright © 2026, K&L Gates LLP. All Rights Reserved.