Tech

Why Fewer People Are Challenging Bad Patents

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Based on a feed excerpt; full article content has not been acquired. Source evidence retrieved 10/11/2026, 00:20:24 UTC.

Briefings

USPTO leadership has drastically reduced IPR petition filings by 70% since 2024, primarily due to aggressive vacating of institution decisions by Director John Squires. Between fiscal years 2022-2024, the PTAB instituted 66-68% of petitions, but in FY 2026, that rate dropped to 41%. This decline threatens to eliminate the administrative review process for bad software patents, leaving challenges vulnerable to costly district court litigation. The PTAB's ability to hear challenges has also become unreliable, with at least 29 decisions being vacated by the Director. EFF has defended IPR since 2012, noting that without this safeguard, bad patents remain powerful weapons against free expression.

Key points

• In FY 2026, the PTAB instituted only 41% of IPR petitions, a 38% drop from the 66-68% range seen in FY 2022-2024.
• Director John Squires has vacated at least 29 IPR institution decisions, terminating proceedings before final written decisions are reached.

Context

Congress created IPRs in 2012 to provide a faster, less expensive administrative review process for challenging bad patents in federal court. The PTAB is a critical line of defense against low-quality software patents used in lawsuits against people and companies. This decline threatens to eliminate the administrative review process for bad software patents, leaving challenges vulnerable to costly district court litigation.

Limitations

Data covers only the third quarter of 2026 and fiscal year 2026, limiting the ability to assess long-term trends. The evidence does not specify the exact number of vacated decisions or the specific reasons for the Director's interventions beyond inconsistencies between claim construction positions. The decline in petition filings is inferred from the drop in institution rates rather than direct petition counts.

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