Initial Changes To Discretionary Review of Petitions for PTAB Trials: A Preview (Part 1)

This is the first of three articles that will discuss changes to procedures for challenging the validity of patents at the U.S. Patent and Trademark Office (USPTO). 

This first article will provide background information and address important changes from the beginning of 2025 through October 2025 to set the stage for ongoing and future changes in patent validity challenges. During this period, the USPTO changed its consideration of petitions to challenge the validity of patents in the Patent Trial and Appeal Board (PTAB) in a way that increased the likelihood of such petitions being denied as a matter of discretion. The next two installments will bring further insights into how operating companies can adjust their analysis of when to challenge a patent in the PTAB, how to craft a petition to maximize the chances of institution for trial, and potential alternatives to past approaches.