End of the Bifurcated Process
The move ends the bifurcated process implemented earlier this year by then–acting director Coke Morgan Stewart, who separately evaluated petitions for discretionary denial before referring qualifying petitions to the PTAB for review on the merits.
Squires said he will now decide both aspects — discretionary and substantive — himself, while acknowledging that Stewart’s 580 prior decisions on discretionary denials will serve as “substantial guidance” for his approach.
Stewart’s tenure had been marked by a number of discretionary denials, often when a parallel district court trial was scheduled before the PTAB’s review deadline or when a patent had been in force long enough to create “settled expectations” against further challenges.
Cases already referred to the PTAB before October 20 will continue under the current three-judge panel system.
Addressing Perceived Bias and Structural Issues
Squires cited three main reasons for reclaiming institution authority: