The Director Decides: AIA Institution Authority No Longer Delegated To The PTAB

On October 17, 2025, almost one month after being sworn in as the Director of the USPTO, John Squires returned institution authority for proceedings under the America Invents Act (“AIA”) to himself. Previous Directors had delegated institution authority to the Patent Trial and Appeal Board (“PTAB”). But in an “Open Letter” to “Colleagues, Inventors, and Americans,” Director Squires explains that delegation has given rise to “structural, perceptual, and procedural concerns inconsistent with the…
By: Morrison & Foerster LLP