PTAB Institution Rate Settles at Lower Level Under Director Squires
May 13, 2026
Since early 2025, the USPTO has revamped the standards and processes governing America Invents Act (AIA) review institution in a manner that has effectively limited access to the Patent Trial and Appeal Board (PTAB).
Last February, then-Acting Director USPTO Director Coke Morgan Stewart rescinded guidance from her predecessor that had limited the use of discretionary denials by the PTAB. Soon after, Stewart adopted a new process where she would decide discretionary requests herself, doing so based on an expanded set of factors—including one where institution is less likely for older patents. Then, in October, USPTO Director John Squires took over the entire institution process, including both discretionary denials and the merits/nondiscretionary factors.
The impact of these changes can be clearly seen in data on AIA review institution rates: After decreasing by 68% in Q1 to 42% in Q2 and just 22% in Q3—the latter two quarters reflecting the expansion of discretionary denials under Stewart—the institution rate for petitions decided by the director was just 13% in Q4.
That said, the institution rate has swung back up somewhat in Q1 under Squires, who instituted 30% of the petitions decided last quarter.
The above graph excludes institution decisions in AIA reviews that had already been referred to PTAB panels by Stewart prior to October 20, which under the new process are generally still decided by those panels (absent further action by the director). A larger number of institution decisions were issued by panels than by the Director during Q4, with panels instituting trial at a higher rate (around 58%). This pushed the overall institution rate, including both Squires-only and panel institution decisions, to 41% for the fourth quarter.
In contrast, the gap is minimal for Q1, during which PTAB panels made a far smaller share of institution decisions.
See RPX’s first-quarter review for more on the impact of these changes on the PTAB, including a dramatic drop in petitions filed in Q1—as well as coverage of other key patent litigation trends last quarter.