"Two of the new criteria focus on ties of patented technology to the United States. A third criterion considers the size of a petitioner who has been sued for infringement. These criteria will be part of a determination whether an IPR petition affects US patent system integrity, efficient USPTO administration, and the USPTO's ability to handle IPRs and PGRs in timely fashion."
"The Director noted that, according to recent statistics, an increasing amount of the US manufacturing base, particularly in electronics and computer industries, has left the US and gone overseas. The Director noted also that according to a USPTO study, many of the most frequent IPR and PGR petitioners do not have a significant manufacturing presence in the US, and do not intend to have one."
"The upshot is that ties to US manufacturing likely will have a favorable impact on patent owners who make or license competing products that are manufactured in the US, and an unfavorable impact on petitioners who do not manufacture accused products in the US. Small business petitioners get a potential advantage over multinational petitioners by showing substantial US manufacturing or investment in US manufacturing."
On March 11, 2026, USPTO Director Squires issued a memorandum establishing additional criteria for evaluating IPR and PGR petitions. Two criteria focus on US manufacturing ties for both patented technology and accused products. A third criterion considers petitioner size. These factors will inform determinations about petition effects on US patent system integrity and USPTO administrative efficiency. The Director cited statistics showing declining US manufacturing in electronics and computers, and noted that frequent IPR and PGR petitioners often lack significant US manufacturing presence. Patent owners with US manufacturing investments and small business petitioners with domestic manufacturing will receive favorable consideration, while large multinational petitioners without US manufacturing face disadvantages.
#ipr-and-pgr-petitions #us-manufacturing-criteria #patent-system-integrity #uspto-discretionary-denials #petitioner-size-and-location
Read at Global IP & Technology Law Blog
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