October 24, 2025

Director Squires issued a Memorandum to all PTAB judges on October 17, 2025, setting new procedures for IPR and PGR institution decisions.  Importantly, as of October 20, the decision on whether to institute an IPR or PGR proceeding will be made by the Director.  The Director will review discretionary considerations, the merits, and non-discretionary considerations, and consult with at least three PTAB judges when deciding institution.  Routine decisions on institution will be issued by the Director in a summary notice to the parties.  In proceedings that involve novel or important factual or legal issues, however, the Director’s decision on institution may address such issues.  In addition, if the Director determines that detailed treatment of issues raised in a petition is appropriate—e.g., there are complex claim construction issues, priority analyses, or real party in interest determinations—the decision on institution may be referred to one or more members of the PTAB.  An instituted IPR or PGR proceeding will be referred to a three-member panel of the PTAB to conduct the trial.  Panels will be assigned pursuant to the PTAB’s Standard Operating Procedure.  

The Director’s Memorandum supersedes the March 26, 2025, Interim Processes for PTAB Workload Management to the extent that (1) routine decisions on institution will be limited to summary notices and (2) merit-based decisions on whether to institute petitions will not be referred to a three-member panel of the PTAB.  All petitions referred to the PTAB for consideration of the merits and non-discretionary considerations under the Interim Processes prior to October 20, 2025, will remain with a three-member panel.