by Dennis Crouch
The PTAB is likely to undergo a dramatic transformation in 2026 based upon the convergence of two parallel developments. (1) The ex parte appeal inventory has plummeted from approximately 27,000 pending appeals in FY2012 to under 3,000 today, with the trajectory suggesting near-zero inventory within months. (2) Simultaneously, Director John Squires has effectively shut down inter partes review through aggressive use of institution denials. The combination means the PTAB's role is shrinking on both fronts, raising fundamental questions about what happens to an institution built for a workload that no longer exists.
The workforce implications are stark. Before President Trump's inauguration, the PTAB employed approximately 230 Administrative Patent Judges plus roughly 120 support staff. That number has already dropped to fewer than 200 APJs through DOGE attrition and early retirement incentives. But I believe this reduced headcount is still dramatically oversized for the emerging workload.