5 Key Factors Behind USPTO's Inter Partes Review Decisions

Law360, Christopher Loh, June 25, 2026

In a May 14 precedential order in Magnolia Medical Technologies Inc. v. Kurin Inc., U.S. Patent and Trademark Office Director John Squires has articulated key factors underlying his inter partes review institution decisions. This order provides important insight into his decision-making process.

Adjusting IPR Tactics As Google Fights 'Settled Expectations'

Law360, Abdul Abdullahi, June 12, 2026

Google filed a U.S. Supreme Court certiorari petition in Google LLC v. VirtaMove Corp., challenging the Patent Trial and Appeal Board's so-called settled expectations practice. Accused infringers should take this filing seriously because validity challenges against older patents now have to be rethought.

One And Done? Patent Examiner Interviews Now Hard To Get

Law360, Theresa Schliep, June 10, 2026

In the months since the U.S. Patent and Trademark Office changed how patent examiners are credited for applicant interviews, which can be the difference between prosecution stalemates and progress, attorneys say the interviews are getting harder to come by — and they've changed tactics as a result.

USPTO Clamping Down Reexam Bids After IPR Denials

Law360, Ryan Davis, June 8, 2026

A U.S. Patent and Trademark Office decision denying a request for ex parte reexamination of a patent because it reused arguments from an inter partes review that was discretionarily denied sends a clear message that the office wants challengers to pick one of the two options, attorneys say. The reexam request was filed in February, months after Geotab's inter partes review petition was denied last year on discretionary grounds. Deputy Director Coke Morgan Stewart had ruled that the fact that the patent was more than 11 years old gave the patent owner settled expectations that it wouldn't be challenged, and she did not consider the merits of Geotab's invalidity arguments.

Why IPR Slowdown Has Not Led To More Patent Litigation

Law360, Anna Phillips, Christopher O’Brien, Jennifer Meyer Chagnon, June 3, 2026

Data analyzed from January 2024 through this April indicates that despite the sustained strength in patent application filings and a marked decline in inter partes review and post-grant review petitions under the current administration, U.S. patent litigation has not surged in 2026, contrary to industry predictions.

Justices Told USPTO's 'Settled Expectations' Rule Flouts Law

Law360, Ryan Davis, May 29, 2026

A host of industry groups, professors, attorneys and more urged the U.S. Supreme Court on Friday to take up Google's appeal arguing that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

Squires' Institution Flips Are Increasing Uncertainty At PTAB

Law360, Dani Kass, May 26, 2026

There have been 24 inter partes reviews that Squires initially found met discretionary denial standards — and were therefore worthy of merits review — that he later concluded should have been discretionarily denied. He has also stepped into cases previously instituted by administrative patent judges and walked back those approvals. Attorneys say it's becoming increasingly clear that even an initial approval from the director may not last.

Squires Hits Pause On Unpopular Examiner Sign-Off Policy

Law360, Theresa Schliep, May 13, 2026

The U.S. Patent and Trademark Office director has paused a "streamlined review" policy requiring that supervisory patent examiners sign off on some first actions by examiners who have signatory authority, a policy that's been unpopular with examination staff since its rollout in the fall.

USPTO Data Failure Hid 1.4 Million Patent Assignment Records For Years

IAM, Angela Morris, May 13, 2026

System maintenance took assignment data offline; when restored, researchers found millions of newly visible records – including 450,000 non-provisional, real-ownership transfers – mistakenly kept private. The US Patent and Trademark Office restored public access to a bulk data feed of patent assignment records. But the restored feed contains more than a million new records, exposing a deep failure in the agency’s system for moving patent transaction records from private to public view when confidentiality rules expire. The scale of the failure is striking.

Building Codes Ruling May Inform AI Copyright Arguments

Law360, Mitesh Patel, May 5, 2026

The U.S. Court of Appeals for the Third Circuit's opinion in American Society for Testing and Materials International v. UpCodes Inc. last month affirmed the denial of a preliminary injunction and found that UpCodes' verbatim republication of copyrighted building codes, standards which were incorporated into binding law, likely constitutes fair use.