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ARTICLE · 20 OCTOBER 2025

USPTO Proposes Rule Changes To Refocus Inter Partes Review Proceedings

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The United States Patent and Trademark Office (USPTO) has proposed significant changes to the rules governing Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).

United StatesIntellectual Property

The United States Patent and Trademark Office (USPTO) has proposed significant changes to the rules governing Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). These revisions aim to enhance fairness, efficiency, and predictability in patent disputes, while curbing duplicative and costly litigation. Notably, these changes do not apply to Post-Grant Review (proceedings that must be filed within nine months of the patent issue date).

Key Proposed Rule Changes

Stipulation Requirement for Petitioners

Under proposed § 42.108(d), petitioners must stipulate that they will not pursue invalidity challenges under 35 U.SC. §§ 102 or 103 in any other venue if an IPR is instituted. These venues include district court and the International Trade Commission (ITC). The USPTO's rationale for this proposal is to ensure IPRs serve as a true alternative, not an addition, to litigation. This stipulation must be filed with the PTAB and the

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