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ARTICLE · 23 JANUARY 2026

Patent Age Not Enough For Settled Expectations Outside The Original Technology Space

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This month, U.S. Patent and Trademark Office (USPTO) director John Squires formally adopted an earlier decision by former acting director Coke Morgan Stewart that softens the Patent Trial and Appeal Board's (PTAB) treatment of patent age and other factors against institution of inter partes review (IPR).

United StatesIntellectual Property
Juanita DeLoach
Juanita DeLoach
Steven D. Shipe
Steven D. Shipe
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This month, U.S. Patent and Trademark Office (USPTO) director John Squires formally adopted an earlier decision by former acting director Coke Morgan Stewart that softens the Patent Trial and Appeal Board's (PTAB) treatment of patent age and other factors against institution of inter partes review (IPR).

In Home Depot USA, Inc. v. H2 Intellect LLC, IPR2025-00480 (Paper 11, Sept. 4, 2025), Stewart rejected H2 Intellect's request for discretionary denial of an IPR petition brought by Home Depot, concluding that it was not warranted based on the totality of the record. While some factors favored denial, Stewart found those factors were outweighed by (seemingly new) countervailing considerations.

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