Recent policy changes at the U.S. Patent and Trademark Office (USPTO) have raised significant concerns among judges of the Patent Trial and Appeal Board (PTAB). USPTO Director John Squires has announced that, effective October 20, 2025, he will personally decide whether to institute trials for inter partes review (IPR) and post-grant review (PGR) proceedings, a responsibility previously delegated to PTAB panels since the board’s inception in 2012. This shift has led to unease among PTAB judges, with some reportedly considering alternative employment due to the perceived instability.
In an open letter dated October 17, 2025, Director Squires cited the need to address “structural, perceptual, and procedural concerns” within the PTAB, including the “perception of self-incentivization.” He noted that the delegation of institution authority to the PTAB had led to concerns about impartiality, particularly given the high rates of decisions instituting such trials. By reclaiming this authority, Squires aims to eliminate potential biases and enhance public trust in the patent adjudication process. ([reuters.com](https://www.reuters.com/legal/government/us-patent-office-director-takes-authority-over-agency-patent-reviews-2025-10-17/?utm_source=openai))
Under the new policy, the Director, in consultation with at least three PTAB judges, will determine whether to institute trials in all IPR and PGR proceedings. This approach is designed to maintain consistency and adherence to statutory requirements while allowing the PTAB to focus on conducting trials. ([womblebonddickinson.com](https://www.womblebonddickinson.com/us/insights/alerts/uspto-director-assumes-authority-over-institution-decisions?utm_source=openai))
However, this consolidation of power has not been well-received by all. Some PTAB judges have expressed distress over the reduction of their authority and the potential implications for their roles. The shift has reportedly led to a sense of instability within the tribunal, prompting some judges to explore employment opportunities elsewhere. ([reuters.com](https://www.reuters.com/legal/government/us-patent-office-director-takes-authority-over-agency-patent-reviews-2025-10-17/?utm_source=openai))
The broader patent community is also closely monitoring these developments. While some stakeholders appreciate the move towards greater oversight and consistency, others are concerned about the potential for increased politicization of the patent review process. The long-term impact of these changes on the PTAB’s operations and the broader patent system remains to be seen.