PTAB Year in Review – Key Takeaways — USPTO Proposes New IPR Rules

In October 2025, the U.S. Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (NPRM) concerning changes to inter partes review (IPR) procedures under the AIA. Along with issuing the NPRM, the USPTO withdrew an earlier April 2024 rule proposal about discretionary denial of institution.

The proposed rules in the NPRM would restrict IPR availability by limiting institution or maintenance of IPRs in certain circumstances:

• “Super” Stipulation Requirement: Institution barred unless petitioner files broad stipulation not to pursue invalidity challenges under 35 U.S.C. § 102 or § 103 in other forums.
• Bars Based on Prior Validity Upholding: Institution barred if another forum (e.g., a court or ITC) has upheld claims under § 102 or § 103, or if the Federal Circuit reverses unpatentability findings. This proposed rule also applies where an ex parte reexamination proceeding upholds the claims.
• Bar if Adjudication Likely Elsewhere: Institution may be barred if it is “more likely than not” that another proceeding (district court or ITC) will occur before the final written decision.
  Public comments on the proposed rules were due on December 2, 2025. A USPTO webinar regarding the NPRM has been postponed until 2026.

Key Takeaways

• Potential Limits on IPR Accessibility: Proposed rules could significantly limit IPR use (e.g., requiring “super” stipulations; bars based on prior forum outcomes), potentially making IPRs less available in certain cases.
• Parties should continue to monitor status of the NPRM.

Read USPTO Proposes New IPR Rules; Director to Handle Institution Decisions (October 17, 2025)

This article appeared in the 2025 PTAB Year in Review: Analysis & Trends report.