On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced temporary changes to how the Patent Trial and Appeal Board (PTAB) will manage its workload, particularly concerning America Invents Act (AIA) trial proceedings such as inter partes reviews (IPRs) and post-grant reviews (PGRs).
Key Changes to Institution Decisions
The memorandum, issued by Acting Under Secretary of Commerce for Intellectual Property and Acting Director Coke Morgan Stewart, establishes a bifurcated approach for handling institution decisions:
- Separation of discretionary and merits considerations: Decisions on whether to institute an IPR or PGR will be split between discretionary considerations and merit-based/statutory considerations.
- Director’s role: “The Director, in consultation with at least three PTAB judges, will determine whether discretionary denial of institution is appropriate.” If denial is appropriate, the Director will issue that decision directly.
- Panel review: If discretionary denial is not appropriate, the petition will be referred to a three-member PTAB panel for normal handling, including a decision on institution addressing the merits.