2025 PTAB Year in Review: Analysis & Trends

In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series of developments reshaped pre-institution practice, culminating in a shift in institution authority that now rests with the USPTO Director. Additionally, the USPTO proposed and solicited comments on broad changes to the rules governing inter partes review (IPR) proceedings. At the same time, we observed an increase in ex parte reexamination filings before the USPTO’s Central Reexamination Unit (CRU), reflecting a shift in strategic considerations in parallel with the changes at the PTAB.

Early in 2025, the PTAB introduced a new bifurcated pre-institution briefing process that carved out separate briefing for discretionary considerations, followed by detailed guidance on how parties should engage. Additional process and policy changes culminated with centralized institution decisions, with the USPTO Director taking the lead in consultation with a group of senior PTAB judges. These changes reflect a broader effort by the USPTO’s leadership to manage PTAB workload, sharpen institutional discretion, and align America Invents Act (AIA) trials with evolving policy objectives.

Against this backdrop, practitioners are realigning their strategy to address the evolving patent landscape, as the contours of post-grant practice continue to shift in real time. Now, perhaps more than ever, it is imperative for patent owners and patent challengers alike to understand the interplay, shifting dynamics, and complex inner workings at the PTAB and CRU to guide strategic post-grant challenge decisions.

This Year in Review report recaps the most significant PTAB developments that we covered throughout the year, and provides updated analysis and practical takeaways for both patent owners and petitioners. We also offer a preview of what 2026 may hold, informed by the perspectives of some of our key PTAB team members — three former Administrative Patent Judges at the PTAB — who provide insight into how the developments of 2025 may shape post-grant practice in 2026.

Thank you to our authors and our entire Post-Grant Proceedings team for making this publication possible. We appreciate your interest in this report, and we encourage you to read our firm’s other recently released publications: 2025 AI Intellectual Property Year in Review: Analysis & Trends, 2025 Design Patents Year in Review: Analysis & Trends, Federal Circuit IP Appeals: Summaries of Key 2025 Decisions, and 2025 ITC Year in Review: Analysis & Trends, which are available here. We welcome the opportunity to discuss post-grant matters and how they may impact your business. If you have questions or topics you would like to see us cover in 2026, please do not hesitate to contact us directly to start the conversation.

Table of Contents

• USPTO Rescinds Memo Addressing PTAB Discretionary Denial Procedures and Issues Memo on Fintiv Analysis Changes
• New Pre-Institution Discretionary Briefing Framework and the Director’s Expanded Role in Institution Decisions
• Key Takeaways — USPTO Proposes New IPR Rules
• Significant PTAB Decisions in 2025
• Key 2025 PTAB Statistics
• PTAB Trends in 2025: Life Sciences and § 112 at the PTAB
• Strategic Considerations for Post-Grant Challenges at the USPTO Under the New Landscape
• Perspectives From Three Former APJs: PTAB’s Shifting Landscape in 2025 and Outlook for 2026