USPTO and PTAB News Recap - August 2025
USPTO Enforces Strict Policy on Inter Partes Review (IPR) Petitions
In a series of recent developments, the United States Patent and Trademark Office (USPTO) has implemented new policies and announced several significant changes.
Recognising the Importance of Trademarks
The Senate unanimously agreed to S.Res.314, designating July as "National Anti-Counterfeiting and Consumer Education and Awareness Month." This move highlights the importance of trademarks in the economy and their role in protecting consumer safety.
Policy Changes at the USPTO
Starting September 1, 2025, all hearings before the Patent Trial and Appeal Board (PTAB) will be held in-person at USPTO offices, with an option for remote attendance by request. The USPTO is also enforcing a strict policy on IPR petitions, as stated in a memorandum by Acting Director Coke Morgan Stewart on July 31, 2025. This policy requires petitioners to specify exactly where each claim element is found in prior art patents or printed publications, prohibiting the use of evidence other than prior art patents or printed publications to supply a missing claim limitation.
IPR Decisions
Several decisions have been made regarding IPR cases. In Cirrus Logic, Inc. v. Greenthread, LLC, IPR2024-00001 & IPR2024-00016, the decision vacating the Final Written Decision and remanding for further proceedings was issued by Acting Director Stewart on July 23, 2025. Similarly, in Samsung Electronics Co., Ltd. v. Mullen Industries LLC, IPR2024-01472, IPR2025-00018, IPR2025-00019, IPR2025-00021 & IPR2025-00124, the decision vacating the grant of institution and denying institution was issued by Administrative Pat Judge Ankenbrand on July 17, 2025.
Legislation and Expansion
Senators Margaret Wood Hassan and Josh Hawley introduced S.2658, a bill requiring sponsors of drug applications and holders of approved applications to provide certain submissions and communications to the Food and Drug Administration and the United States Patent and Trademark Office on August 1, 2025. Representative Joe Neguse introduced H.R.4570, the Interagency Patent Coordination and Improvement Act of 2025, which would establish an interagency task force between the USPTO and the Food and Drug Administration on July 21, 2025.
The USPTO has also expanded its accelerated grant program to include Belize, Guatemala, and the United Arab Emirates on July 11, 2025, and increased the annual limit on accepted requests for prioritized examination to 20,000 on July 8, 2025.
Other Developments
The USPTO has issued a notice about "Design Vision," a new AI-powered image search tool on August 12, 2025. The USPTO, under Acting Under Secretary of Commerce Coke Morgan Stewart, will enforce a requirement for petitioners in inter partes review (IPR) to specify where each claim element is found in prior art patents or printed publications, starting from July 31, 2025.
Acting Director Stewart addressed the World Intellectual Property Organization (WIPO) regarding traditional knowledge, genetic resources, the Patent Cooperation Treaty (PCT) system, and intellectual property rights on July 9, 2025. In addition, the USPTO is seeking comments on the OECD's Working Party on Countering Illicit Trade (WP-CIT) Draft Voluntary Guidelines for Countering Illicit Trade in Counterfeit Goods on Online Marketplaces.
- In light of the stricter Inter Partes Review (IPR) policy enforced by the USPTO, it is essential for those seeking intellectual property protection to prioritize their education and self-development in understanding the requirements for IPR petitions.
- As the USPTO continues to implement new policies regarding intellectual property rights, it is crucial for institutions and individuals to stay informed on these developments to ensure the effective protection of their trademarks and patents in education and self-development endeavors.
