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US Patent Chief Reverts Key Board Power

Summary

  • Patent chief will no longer decide patent challenge hearings.
  • Decision returns authority to board judges after one year.
  • Rate of patent reviews fell under director's personal oversight.
US Patent Chief Reverts Key Board Power

Effective November 16, U.S. Patent and Trademark Office Director John Squires will relinquish his role in making merits-based decisions on whether the Patent Trial and Appeal Board (PTAB) will hear challenges to patent validity. This marks a return of authority to board judges, who previously held this responsibility since the PTAB's creation in 2012.

Squires had assumed these 'inter partes review' institution decisions in November 2025, citing concerns about perceived self-incentivization within the board. His objective was to address structural and procedural issues. However, during his tenure, the institution rate for these reviews dropped to 37% in 2026, a notable decrease from over 65% previously.

This reduction in patent reviews has prompted legal challenges from major tech companies, including Apple and Google, who have contested office policies that limit reviews. These challenges have thus far been unsuccessful in altering the PTAB's reduced review rate.

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