The United States Patent and Trademark Office (USPTO) has proposed new regulations aimed at limiting the scope of inter partes review (IPR) proceedings, a move that has now reached the White House for further evaluation. These proposed changes are designed to reduce redundant patent challenges and enhance the reliability of patent rights.
Under the proposed rules, IPR petitioners would be required to file a stipulation agreeing not to pursue invalidity challenges under 35 U.S.C. §§ 102 or 103 in other forums if the USPTO institutes an IPR. Additionally, the USPTO would decline to institute an IPR if the patent claims in question have already been adjudicated in another forum or if a parallel proceeding is likely to resolve the validity of the claims before the USPTO’s final decision. Exceptions would be made only in extraordinary circumstances, such as when prior challenges were brought in bad faith or if there has been a significant change in relevant law. ([content.govdelivery.com](https://content.govdelivery.com/accounts/USPTO/bulletins/3f734cb?utm_source=openai))
These proposed amendments to 37 C.F.R. § 42.108 aim to prevent IPRs from duplicating litigation efforts, reduce redundant challenges, and strengthen confidence in issued patents. ([vklaw.com](https://www.vklaw.com/ImagineThatIPLawBlog/uspto-proposes-new-limits-on-inter-partes-review-challenges-under-37-c-f-r-42-108?utm_source=openai))
The White House Office of Information and Regulatory Affairs (OIRA) is currently reviewing these proposed rules. As part of this process, OIRA has conducted numerous meetings with stakeholders representing both support and opposition to the changes. ([foley.com](https://www.foley.com/insights/publications/2025/10/uspto-issues-proposed-rulemaking-on-discretionary-denials-of-ipr-proceedings/?utm_source=openai))
Proponents of the proposed rules argue that they will enhance the reliability of patent rights and reduce litigation costs by preventing multiple challenges to the same patent. ([foley.com](https://www.foley.com/insights/publications/2025/10/uspto-issues-proposed-rulemaking-on-discretionary-denials-of-ipr-proceedings/?utm_source=openai))
Conversely, critics contend that the proposed rules could limit the ability to challenge potentially invalid patents, thereby stifling competition and innovation. They also express concern that the mandatory stipulation could deter companies from filing IPR petitions, as it would preclude them from raising certain invalidity defenses in other venues. ([bakerdonelson.com](https://www.bakerdonelson.com/uspto-proposes-dramatic-restrictions-on-patent-challenges-through-inter-partes-review?utm_source=openai))
The USPTO has invited public comments on the proposed rules, with the comment period closing on November 17, 2025. Stakeholders are encouraged to submit their feedback through the Federal eRulemaking Portal at http://www.regulations.gov. ([content.govdelivery.com](https://content.govdelivery.com/accounts/USPTO/bulletins/3f734cb?utm_source=openai))
As the White House continues its review, the outcome of these proposed changes could have significant implications for patent litigation and the broader innovation ecosystem in the United States.