USPTO Procedure Adds New Hurdle to PTAB Trial Institution

On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced changes to the Patent Trial and Appeal Board (PTAB) trial institution process, creating a new bifurcated approach to institution decisions. The Director will first decide whether to exercise discretion to deny a petition for inter partes reviews (IPR) or post-grant reviews (PGR)—considering, among other things, workload needs at the PTAB—and if a petition passes this stage, it will then move forward to a...
By: Ballard Spahr LLP

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