by Dennis Crouch
The USPTO has extended the deadline for public comments on its proposed rulemaking that would dramatically restrict access to inter partes review (IPR) proceedings. The comment period, originally set to close on November 17, 2025, has been extended by 15 days to December 2, 2025, following requests from a coalition of industry organizations who argued that 30 days was insufficient time to analyze the extensive proposed changes to PTAB practice.
- Original NPRM (Oct. 17, 2025): Revision to Rules of Practice Before the PTAB; docket PTO-P-2025-0025. (Federal Register)
- Extension of comment deadline (Nov. 7, 2025): Federal Register notice extending the comment period to December 2, 2025 (15-day extension), with PDF. (Federal Register)
- Patently-O analysis (Oct. 16, 2025): All Quiet on the PTAB Front: USPTO Proposes More Restrictions on IPR Institution. (patentlyo.com)
The proposed amendments would create three categories of mandatory bars to IPR institution: when claims have previously been found valid in other proceedings, where parallel litigation will likely reach a validity decision first, and where petitioners refuse to stipulate against raising any anticipation or obviousness challenges in other venues. These changes are part of an overall dramatic shift against IPR institution under President Trump's patent office leadership that began with Dir. Stewart and continues with Dir. Squires. But, the proposed rules do not include some of the most dramatic changes, including the "settled expectations" standard and the new process of issuing IPR institution rulings without any accompanying explanation.
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