"There's a lot going on at the Patent Trial and Appeal Board (PTAB) right now, and it's not just the usual noise about discretionary denial. The United States Patent and Tradmeark Office (USPTO) has published a one-and-done rules package that, if it survives, would fundamentally change how i nter partes review (IPR) challenge works, who can challenge patents, and when."
"The comment window on the proposed one-and-done rule has now closed. With more than 10,000 comments received by the USPTO and over 700 individual commenters weighing in, the proposed rules package has become a flashpoint for questions that go way beyond discretionary denial and AIA trials, with many asking whether the USPTO is functionally trying to engage in de facto legislation to neuter the PTAB."
"We drill down on what USPTO Director John Squires is actually trying to accomplish, why the Office is describing what are aggressive policy changes using "fairness" rhetoric, why some view this proposed rules package as an effort to neuter the PTAB, and why some former Members of Congress who authored the AIA are now publicly objecting to this rules package, saying it goes too far and well beyond what Congress intended when the AIA was enacted."
The USPTO has proposed a one-and-done rules package that would change inter partes review timing, eligibility, and repeat challenges. The public comment window closed after more than 10,000 submissions and over 700 individual commenters, creating intense controversy. Critics warn the package could functionally neuter the PTAB by limiting review opportunities and shifting policy under fairness rhetoric. Former AIA authors in Congress have publicly objected, arguing the changes exceed congressional intent. The proposal poses real-world risks to small and mid-size companies, threatens related legislative efforts, and highlights tensions between administrative rulemaking and patent stability.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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