discretionary denial – IP Law Watch

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

Jun 23 2026

In 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.

First Denial Based on USPTO’s New Discretionary Denial Factors

Jun 13 2025

Earlier 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.

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