[Federal Register Volume 90, Number 199 (Friday, October 17, 2025)]
[Proposed Rules]
[Page 48342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19587]



[[Page 48342]]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 42

[Docket No. PTO-P-2023-0048]
RIN 0651-AD72


Patent Trial and Appeal Board Rules of Practice for Briefing 
Discretionary Denial Issues, and Rules for 325(d) Considerations, 
Instituting Parallel and Serial Petitions, and Termination Due to 
Settlement Agreement

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) is withdrawing the Notice of Proposed Rulemaking (NPRM) 
published in the Federal Register on April 19, 2024, to revise the 
rules of practice for inter partes review (IPR) and post-grant review 
(PGR) proceedings before the Patent Trial and Appeal Board (PTAB) that 
the Director and, by delegation, the PTAB use in exercising discretion 
to institute IPRs and PGRs.

DATES: The proposed rule published in the Federal Register at 89 FR 
28693 on April 19, 2024, is withdrawn as of October 17, 2025.

FOR FURTHER INFORMATION CONTACT: Michelle Ankenbrand, Acting Vice Chief 
Administrative Patent Judge, at 571-272-9797.

SUPPLEMENTARY INFORMATION: This Action withdraws a proposed rule 
published in the Federal Register on April 19, 2024 (89 FR 28693), to 
revise the rules of practice for IPR and PGR proceedings before the 
PTAB that the Director and, by delegation, the PTAB use in exercising 
discretion to institute IPRs and PGRs. The proposed rule modified and 
built on existing PTAB precedent and guidance concerning serial 
petitions, parallel petitions, and petitions implicating the same or 
substantially the same art or arguments previously presented to the 
Office. The proposed rule also provided a separate briefing process for 
discretionary institution arguments and aligned the procedures before 
and after institution regarding settlement agreements and termination. 
The proposed rule's comment period was open from April 19, 2024 to June 
18, 2024.

Reason for Withdrawal

    During the proposed rule's 60-day comment period, the USPTO 
received more than 3,900 submissions from a variety of stakeholders, 
including both supporting and opposing comments for the proposed rule. 
The comments are publicly available at the Federal eRulemaking Portal 
at www.regulations.gov/docket/PTO-P-2023-0048. Of the comments received 
concerning the proposed rule, 110 comments were unique.
    The USPTO is withdrawing the rulemaking at this time to evaluate 
future actions in light of the administration's current priorities. 
Despite the decision not to move forward with the proposed rule at this 
time, the USPTO appreciates the thoughtful perspectives that commenters 
raised. The USPTO welcomes continued stakeholder feedback as it 
evaluates future actions.

Conclusion

    The proposed rule to amend the rules of practice for IPR and PGR 
proceedings before the PTAB that the Director and, by delegation, the 
PTAB use in exercising discretion to institute IPRs and PGRs, published 
in the Federal Register on April 19, 2024 (89 FR 28693), is hereby 
withdrawn.

John A. Squires,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2025-19587 Filed 10-16-25; 8:45 am]
BILLING CODE 3510-16-P