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ARTICLE · 04 AUGUST 2026

USPTO’s PTAB Rulemaking Signals A Major Shift In IPR Practice

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The USPTO is finalizing a major revision to Patent Trial and Appeal Board practice that would restrict inter partes review proceedings after substantial district court litigation has occurred.

United StatesIntellectual Property
Jason Engel
Jason Engel
Erik Halverson
Erik Halverson

The USPTO appears poised to finalize a significant revision to Patent Trial and Appeal Board (PTAB) practice. A final rule titled Revision to Rules of Practice Before the Patent Trial and Appeal Board (90 FR 48335) is currently undergoing Executive Order 12866 review (RIN: 0651-AD89), indicating that agency review has been completed and the rule is nearing publication.

 

What the Rule Would Do?

The rule focuses on the PTAB’s institution decisions in inter partes review (IPR) proceedings. According to the USPTO, the goal is to concentrate IPR practice on patents and claims that have not already been extensively challenged in district court litigation, or where prior litigation ended at an early stage. The agency has explained that the proposal is intended to improve fairness, efficiency, and predictability in patent disputes.

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