The Patent Trial and Appeal Board has undergone a dramatic overhaul in 2025. In their Law360 article "Navigating 2025's Post-Grant Proceeding Shakeups," Quinn Emanuel attorneys Jim Glass, Ron Hagiz, and Vanessa Blecher report that institution rates have dropped from 65-68% to just 26% by Q3. Sotera Stipulations are given diminished weight, and a new "settled expectations" rule means patents over six years old face 61% discretionary denial rates.
The process itself has changed fundamentally. Patent owners file standalone briefs on discretionary denial issues, decided by the director with minimal explanation. As Glass, Hagiz, and Blecher note, "the state of the PTAB remains in flux" – the playbook that worked for a decade is now obsolete.
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