On October 17, 2025, the United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) that, if accepted, would dramatically change the criteria for Inter Partes Review (IPR) institution before the Patent Trial and Appeal Board (PTAB). The NPRM proposes several new rules that would restrict the institution of IPR’s in many instances. Comments on the proposed rules must be submitted by November 17, 2025. Separately, but on the same day, the USPTO Director, John A. Squires, announced that he would assume authority over making all IPR and Post-Grant Review (PGR) institution decisions, an authority that has been delegated to the PTAB since the inception of IPRs. |