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USPTO Announces New Discretionary Factors For Patent Review Proceedings, Prioritizing U.S. Manufacturing And Small Business Interests
04/23/2026
On March 11, 2026, United States Patent and Trademark Office Director John A. Squires issued a memorandum introducing additional discretionary factors for the institution of inter partes review (“IPR”) and post-grant review (“PGR”) proceedings before the Patent Trial and Appeal Board (“PTAB”). The memorandum signals a notable shift in how the USPTO intends to evaluate petitions challenging patent validity, placing new emphasis on domestic manufacturing activity and small business status.
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Federal Circuit Affirms PTAB’s Final Written Decision, Holding That The Passing Of The Statutory Deadline Did Not Deprive The Board Of Authority To Issue Its Decision
12/13/2023
On November 21, 2023, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion affirming the decision of the Patent Trial and Appeal Board (“Board”) finding claims 1–17 of U.S. Patent No. 9,693,961 (“’961 patent”) unpatentable for lack of written description and anticipation.
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Federal Circuit Affirms Post-Grant Review Decision Finding Claims Indefinite
09/15/2021
On September 9, 2021, the Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board in a post-grant review proceeding construing the claim term “pressure control assembly” as a means-plus-function limitation and finding the challenged claims indefinite for lack of corresponding structure. Team Worldwide Corp. v. Intex Recreation Corp., __ F.3d __ (Fed. Cir. Sept. 9, 2021)
