USPTO Director John Squires Reclaims Authority Over Patent Review Decisions in Major AIA Overhaul

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  1. Perception of self-incentivization — He said there is a widespread belief, “perhaps unfounded,” that the PTAB benefits from instituting reviews because it affects “docket size, credit, and resource allocation.” Such perceptions, he noted, risk “undermining public confidence in the integrity of the USPTO’s adjudicatory functions.”

  2. Skyrocketing institution rates — The bifurcated system led to what he described as “extraordinarily high” institution rates, with more than 95% of cases referred by Stewart being instituted.

  3. Statutory compliance — The AIA expressly vests the director—not the PTAB—with the authority to make institution decisions. Restoring that responsibility to his office, Squires said, aligns the USPTO with “the clear language and intent of the statute.”

Emphasis on Transparency and Accountability

Squires emphasized that consolidating institution decisions under a Senate-confirmed presidential appointee will improve transparency, eliminate the perception of self-interest, and make the process more accountable to the public.