"The USPTO has extended the deadline for public comments on its proposed rulemaking that would dramatically restrict access to inter partes review (IPR) proceedings. The comment period, originally set to close on November 17, 2025, has been extended by 15 days to December 2, 2025, following requests from a coalition of industry organizations who argued that 30 days was insufficient time to analyze the extensive proposed changes to PTAB practice."
"The proposed amendments would create three categories of mandatory bars to IPR institution: when claims have previously been found valid in other proceedings, where parallel litigation will likely reach a validity decision first, and where petitioners refuse to stipulate against raising any anticipation or obviousness challenges in other venues. These changes are part of an overall dramatic shift against IPR institution under President Trump's patent office leadership that began with Dir. Stewart and continues with Dir. Squires."
The USPTO extended the public comment period for a proposed rulemaking limiting access to inter partes review (IPR) from November 17, 2025 to December 2, 2025. A coalition of industry organizations requested the 15-day extension, arguing that the original 30-day window was insufficient to analyze extensive proposed PTAB practice changes. The proposed amendments would create three mandatory bars to IPR institution: prior validity findings, parallel litigation likely to resolve validity first, and petitioners refusing to stipulate against raising anticipation or obviousness challenges elsewhere. The proposals reflect a broader shift toward restricting IPR institution under current USPTO leadership while omitting some previously floated changes.
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