Proposed Rulemaking Aims to Change Access to IPR Proceedings, PTAB Litigation Blog
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On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review before the PTAB. The proposed rules do not apply to post grant review petitions, cementing statements that Director Squires has made that earlier challenges are favored. The proposed changes, adding provisions to the end of 37 C.F.R. 42.108, would (1) require petitioners to stipulate not to pursue invalidity challenges under anticipation or obviousness grounds in other venues, (2) limit the circumstances in which a petition for IPR can be brought when claims were previously found not invalid (or not unpatentable) by a district court, the ITC, or in another USPTO proceeding, and (3) limit the availability of challenges based on the timing of parallel litigation proceedings. Each of these changes will be discussed in more detail below. Comments on the proposed changes are due December 2, 2025. The USPTO stated that the proposed changes in the Notice will “increase the reliability of patent rights and the predictability of patent disputes,” and decrease the costs of litigation and transaction costs associated with licensing.
