USPTO Announces New Discretionary Factors For Patent Review Proceedings, Prioritizing U.S. Manufacturing And Small Business Interests

On March 11, 2026, United States Patent and Trademark Office Director John A. Squires issued a memorandum introducing additional discretionary factors for the institution of inter partes review (“IPR”) and post-grant review (“PGR”) proceedings before the Patent Trial and Appeal Board (“PTAB”). The memorandum signals a notable shift in how the USPTO intends to evaluate petitions challenging patent validity, placing new emphasis on domestic manufacturing activity and small business status.... By: A&O Shearman