by Matthew Johnson | Jan 15, 2026 | PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson – The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied). As expected, this rate is substantially lower than the...
by Matthew Johnson | Dec 23, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Ruth Brindel,* Daniel Sloan, and Matt Johnson On November 17, 2025, USPTO Director John Squires issued a memorandum introducing a new procedure allowing petitioners to submit a voluntary Search Disclosure Declaration (SDD) that explains the petitioner’s search...
by Matthew Johnson | Dec 18, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Ruth Brindel* and Matt Johnson The USPTO’s Acting Deputy Director, Coke Morgan Stewart, issued a decision on October 3, 2025, declining to exercise discretion to deny institution in Carbyne, Inc. v. Tritech Software Systems, IPR2025-00959, Paper 11 (Oct. 3 2025)....
by John Marlott | Dec 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott – USPTO Director Squires recently published an open letter announcing that he was “Bringing the USPTO Back to the Future” by assuming responsibility for all IPR and PGR institution decisions. Why the reference to the 1980s movie recently...
by Matthew Johnson | Nov 17, 2025 | District Court, Federal Circuit Appeal, PTAB News, PTAB Trial Basics, Trial Institution
By Thane Bonnett,* Daniel Sloan, and Matt Johnson – On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review before the PTAB. The proposed rules do not apply to post grant review...
by Matthew Johnson | Nov 4, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Adam J. Cook, Daniel C. Sloan, and Matt Johnson – The October 17 Memo from Director Squires marked the end of a distinct discretionary denial era, the Interim Era. Per the memo, as of October 20, all institution decisions (discretionary, non-discretionary,...
