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.
Read MoreOn August 12, 2024, the United States Federal Circuit held that the enactment of the America Invents Act did not constitute a foundational change in the on-sale bar provision under 35 U.S.C. § 102(a)(1), finding the sale of products made using a secret process triggers the on-sale bar under pre-AIA precedent.1 The Court therefore affirmed the International Trade Commission’s invalidation of Celanese’s patents because Celanese sold products made using the patented process more than one year before the effective filing dates.2
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