Why Fewer People Are Challenging Bad Patents

Inter partes review (IPR) lets people challenge questionable patents before the Patent Trial and Appeal Board (PTAB), a less expensive alternative to federal court litigation. The process matters especially for software and internet patents that can claim everyday activities such as sending email or publishing web pages. The argument is that a sharp decline in challenges reflects not improved patent quality, but a less dependable review system. In July-September 2026, just 97 IPR petitions were filed, down from 327 in the same period a year earlier. The PTAB’s rate of agreeing to review petitions also fell from 66-68% in fiscal years 2022-24 to 41% in fiscal 2026.

The decline is linked to decisions by current USPTO leadership that make review harder to obtain and less predictable after approval. Director John Squires has reportedly overturned at least 29 decisions instituting IPRs, ending proceedings without a final ruling on the patent challenges. In one case, a challenge was first accepted, then accepted again after reconsideration, before the Director reversed course over differences between arguments made at the PTAB and in court; that reasoning has since been used in other cases. Because preparing a petition requires costly research, experts, and legal work, uncertain odds discourage challengers from filing. The consequence, the argument warns, is that weak patents may remain available to patent trolls, forcing startups, developers, nonprofits, and small businesses to face expensive lawsuits or settlements. Congress created IPRs to correct patent-office mistakes; the system must be fair and predictable to serve that purpose.