“The existing system was initially practical,” he wrote, “but it has raised structural, perceptual, and procedural concerns inconsistent with the AIA’s design and intent, affecting the public’s rightful expectation of impartiality.”
Squires also reiterated concerns he voiced during his Senate confirmation hearing in May, where he questioned whether PTAB data appeared “skewed” due to high patent invalidation rates and the disproportionate number of inter partes reviews compared to post-grant reviews.
Looking Ahead
Following this reform, all AIA institution decisions will carry the director’s direct signature, marking a return to a centralized, accountable review process at the top of the USPTO. Squires said this model will “enhance trust and predictability” while reaffirming that the agency’s patent adjudication system operates “squarely within the statutory boundaries established by Congress.”