"USPTO Dir John Squires has now issued 34 decisions on IPR institution since assuming personal control of the institution process in October 2025, with all 34 petitions denied. The Director's November 6, 2025 notice denies institution in 21 additional IPRs, following an October 31 notice denying 13 others. These summary orders provide no reasoning or analysis, listing only the denied IPR numbers and stating that "institution of inter partes review is denied.""
"The statute grants the Director authority to determine whether to institute inter partes review under 35 U.S.C. § 314(a), but assigns the PTAB responsibility to conduct the trial and issue a final written decision under 35 U.S.C. § 318(a). Since the AIA's enactment in 2011, every USPTO Director delegated the institution determination to three-judge PTAB panels. Director David Kappos, who lobbied for the AIA's passage and oversaw its implementation, established this delegation framework."
Director John Squires has issued 34 IPR institution denials since assuming personal control in October 2025, with every petition denied. The summary orders list only IPR numbers and state "institution of inter partes review is denied" without providing reasoning or analysis. The denials include a November 6, 2025 notice denying 21 IPRs and an October 31 notice denying 13 IPRs. The practice contrasts sharply with a historic PTAB institution rate near 67%. The statute vests institution authority in the Director under 35 U.S.C. § 314(a) while assigning PTAB trial and final decision responsibilities under § 318(a). Prior directors delegated institution determinations to three-judge PTAB panels, and the current centralization raises concerns about the IPR system functioning as the AIA-envisioned alternative to district court litigation.
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