The Patent Trial and Appeal Board (PTAB) has seen a marked increase in the use of discretionary denials to decline inter partes review (IPR) petitions, a strategic move being highlighted by recent data. The latest figures from Unified Patents show that in the third quarter of 2025, the PTAB denied more petitions for discretionary reasons than during the whole of the previous year, exceeding a 200% increase.
This trend reflects a shifting landscape in the patent litigation arena, where PTAB’s strategic use of discretionary denials influences the approach of companies and legal practitioners involved. Patent owners appear to be increasingly leveraging these denials, influencing the dynamics of patent disputes significantly. More about this shift can be explored in the comprehensive coverage provided by Law360.
Moreover, as practitioners navigate these changes, there is a notable surge in patent reexamination requests. This suggests that stakeholders are seeking alternative routes for challenging patent validity outside of the PTAB framework, which can offer more certainty and potentially less risk compared to IPRs given the recent trends in PTAB rulings.
The increase in reexamination bids highlights the adaptability of legal professionals in the face of evolving adjudicative preferences. This behavior underscores a growing tendency to pivot towards strategic patent portfolio management and defensive litigation tactics. According to a detailed report from Unified Patents, this growth in reexamination requests aligns with the intensified scrutiny on the efficiency and predictability of the PTAB’s processes.
As these trends continue, legal professionals and corporations are urged to remain vigilant and adaptive to ensure effective intellectual property strategies. Engaging with these developments requires a keen understanding of the legal landscape, reflecting a broader trend that underscores the need for dynamic risk management and strategic decision-making in patent law practices globally.