So You're Telling Me There's a Chance: IPR Institution Rate Rises to 4%

"The big USPTO news is that IPR grant rate has shifted from 0% up to 4%. Although this is still incredibly low, breaking that zero-energy threshold is a major event. It calls to mind the immortal words of Lloyd Christmas (played by Jim Carey) " So you're telling me there's a chance." Since late October 2025, USPTO Director John Squires has issued a series of notices deciding institution of IPR petitions under his centralized review policy."

"The results through December 1, 2025 tell a stark story: of 105 IPR petitions fully processed, 99 were denied on discretionary grounds, 2 were denied on the merits, and just 4 have been granted institution. For finalized decisions, the institution rate now stands at approximately 4%. I expect this to rise somewhat as the remaining 65 receive their judgment, but the numbers will not quickly return to the historic average institution rate of roughly 67%."

USPTO Director John Squires issued a series of notices since late October 2025 deciding institution of IPR petitions under a centralized review policy. Of 105 IPR petitions fully processed through December 1, 2025, 99 were denied on discretionary grounds, two were denied on the merits, and four were granted institution. The finalized institution rate stands at approximately 4%, up from 0% but far below the historic average near 67%. Breaking the zero threshold marks a notable shift. The institution rate may increase as 65 remaining petitions receive judgment, but it will not rapidly return to historical norms.

Read at Patently-O