Why Fewer People Are Challenging Bad Patents
The number of petitions being filed at the Patent Trial and Appeal Board (PTAB) has collapsed. That’s not reason for celebration. The PTAB is an important line of defense against low-quality software patents being used in lawsuits against people and companies. The drop didn’t happen because suddenly patents have become higher quality. It’s simply because USPTO leadership is increasingly refusing…
Fewer petitions are being filed at the Patent Trial and Appeal Board (PTAB), a crucial defense against low-quality software patents in lawsuits. This decline isn't due to higher patent quality, but because the USPTO leadership is increasingly refusing to consider good challenges. This process, Inter partes review (IPR), allows individuals to challenge patents, avoiding costly federal-court litigation.
In the third quarter of 2026, only 97 IPR petitions were filed, a sharp drop from 327 petitions in the same period in 2025. Similarly, only 37 petitions were filed in September 2026, compared to 129 in December 2024. This decline is concerning, as bad patents affect everyone's freedom to create new code and technology. The PTAB's institution decisions are being repeatedly vacated by the Director, a move that has never happened before and adds uncertainty for would-be challengers.
Written by urgent.news from EFF Deeplinks's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
