The U.S. Patent and Trademark Office (USPTO) has introduced significant changes in how it manages discretionary denials for post-grant proceedings before the Patent Trial and Appeal Board (PTAB). In early 2025, these changes were crystallized through new memoranda — most notably, Acting Director Coke Morgan Stewart’s March 26, 2025 guidance — which have reshaped the process by adding a nuanced focus on the “settled expectations” of patent parties. These developments greatly impact how companies should approach patent clearance studies for new products entering the market, patent litigation, and strategic patent management.
