USPTO Seeks Federal Circuit Review of PTAB Decision on Corteva’s Genetically Modified Corn Patent

U.S. Patent and Trademark Office (USPTO) Director John Squires has petitioned the Federal Circuit to review a Patent Trial and Appeal Board (PTAB) decision that upheld Corteva Agriscience LLC’s patent on insect-resistant corn. Squires contends that the PTAB’s ruling contains errors warranting appellate intervention.

The PTAB’s decision, issued in November 2025, affirmed the validity of Corteva’s patent following a challenge by Inari Agriculture Inc. The patent in question pertains to a genetically modified corn plant engineered to repel insect pests. Inari had contested the patent’s validity, but the PTAB upheld all claims, concluding that Inari failed to demonstrate unpatentability. ([law360.com](https://www.law360.com/foodbeverage/articles/2413229/ptab-upholds-corteva-s-patent-for-insect-repellent-corn?utm_source=openai))

Director Squires’ request for Federal Circuit review underscores the USPTO’s commitment to ensuring accurate and consistent application of patent law. While the specific errors identified by Squires have not been publicly detailed, his intervention suggests concerns about the PTAB’s interpretation or application of legal standards in this case.

This move aligns with Squires’ proactive approach to overseeing PTAB decisions. In March 2026, he convened an Appeals Review Panel to examine a PTAB decision in Ex Parte Baurin, focusing on issues related to obviousness-type double patenting. Such actions reflect a broader effort to maintain the integrity and reliability of the patent examination and adjudication processes. ([stoneslaw.net](https://www.stoneslaw.net/squires-orders-appeals-panel-to-review-ptab-rehearing-decision-reversing-odp-rejections/?utm_source=openai))

The Federal Circuit’s forthcoming review of the PTAB’s decision in the Corteva case will be closely watched by stakeholders in the agricultural biotechnology sector. The outcome could have significant implications for patent holders and challengers, particularly concerning the standards applied in evaluating the validity of patents on genetically modified organisms.

Corteva Inc. (NYSE: CTVA) is a major player in the agricultural industry, specializing in seed and crop protection products. As of August 12, 2026, Corteva’s stock was trading at $75.53 per share, reflecting the company’s substantial market presence.