Industry Groups, IP Attys Back High Court PTAB Denials Case

Law360, Theresa Schliep, September 7, 2026

The bar association for the Patent Trial and Appeal Board, a group of intellectual property law attorneys and others have urged the U.S. Supreme Court to scrutinize the discretionary denial policies of current U.S. Patent and Trademark Office leadership. In amicus briefs, e-learning company Kahoot! AS's challenge to USPTO Director John Squires' institution policies got the backing of groups like Askeladden LLC,  the Association for Affordable Medicine, the Software & Information Industry Association and the PTAB Bar Association.

An Inside Look At Squires' Discretionary Denials

Law360, Nikhil Krishnan & Todd Baker, September 3, 2026

Under U.S. Patent and Trademark Office Director John Squires, discretionary denial has become the single most significant obstacle to institution of America Invents Act proceedings. Since he took over institution decisions on Oct. 31, 2025, he has denied nearly 60% of petitions on discretionary grounds, without reaching the merits. Every discretionary denial decision issued by Squires between Oct. 31, 2025, and Aug. 25 this year, and corresponding briefs were analyzed. This article reveals the commonly asserted discretionary denial arguments and evaluates which arguments most strongly correlated with institution outcomes.

USPTO Policies Spur Reps To Float Conditions On Fee Power

Law360, Ryan Davis, September 2, 2026

Several lawmakers expressed concern at a hearing Wednesday about recent U.S. Patent and Trademark Office policies, including increased denials of patent reviews, and questioned if Congress should respond by putting conditions on the office's power to set its own fees.

USPTO Anonymous Reexam Proposal Spurs Concern, Praise

Law360, Ryan Davis, August 24, 2026

A U.S. Patent and Trademark Office proposal to effectively end the ability to be completely anonymous when requesting patent reexaminations drew numerous concerns from industry and attorney groups, as well as supportive remarks from patent owners and calls for the office to go further.

USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

Law360, Ryan Davis, August 20, 2026

The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

Law360, Dani Kass, August 18, 2026

The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court. Askeladden said in an amicus brief that the instant appeal is a perfect way to address the agency's approach to institution, as there is no underlying concern over the merits of an unappealable application of the policy.

2025 Patent Litigation: A Year In Review

Law360, Ryan Davis, August 4, 2026

More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents. Additionally, the number of America Invents Act filings with the Patent Trial and Appeal Board cratered at the end of 2025 after the U.S. Patent and Trademark Office enacted policies that made the petitions a disfavored route for challenging patents, according to a new report.

Patent Eligibility Bulletin: New USPTO Guidance And AI Risks

Law360, David Glass & Reilley Keane, July 31, 2026

Under Director John Squires, the U.S. Patent and Trademark Office has signaled a more permissive stance toward patent eligibility, particularly for AI-related inventions. However, the Federal Circuit continues to apply the framework established by the Supreme Court's 2014 decision in Alice Corp. v. CLS Bank International rigorously. Squires issued an updated memorandum, superseding the December 2025 guidance for best practices for submission of Rule 132 subject matter eligibility declarations. The USPTO proposes making the SMED memo a living document that will incorporate periodic updates based on practitioner experience and gathered knowledge.

Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

Law360, Ryan Davis, July 30, 2026

Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act. In a cert petition, the electric-vehicle maker appealed a February decision by the Federal Circuit rejecting its argument that the office has no authority to use the scheduled trial date in related litigation as a reason not to review patents.

Patent Eligibility Reforms Keep Chasing The Wrong Fixes

Law360, Amee Shah, July 29, 2026

Patent eligibility was never going to be clear. Congress wrote Section 101 of the U.S. Patent Act broadly on purpose, knowing that innovation cannot be predicted. Any statute trying to enumerate what is patentable today could be wrong tomorrow. Courts were always going to fill that gap. After two decades inside this system, I think the fixes have been pointed in the wrong direction.