Director of the USPTO Takes Over Institution Decisions

In a major change announced Oct. 17, 2025, USPTO Director John Squires stated that he will personally decide whether to institute IPRs (and post-grant reviews) rather than delegating that decision exclusively to PTAB judges. Reuters+1

• The rationale: address structural and perceptual concerns (e.g., the idea that panels may be incentivised to accept petitions so as to “fill their docket”). Reuters+1

• The decision process will still involve consultation with at least three PTAB administrative patent judges (APJs) before institution decisions are made. IPWatchdog+1

• This move signals a tighter control of the institution gate-by the agency leadership rather than by panels alone.

Why it matters:

• A single decision-maker (Director) may apply more consistent discretionary guidelines across the board—and potentially be more selective.

• Petitioners need to anticipate not only merits challenges but also discretionary denial risk at the outset.

• Patent owners may enjoy increased leverage at the institution stage.

• The “institution threshold” becomes more contested and less predictable.