PTAB/USPTO Update - January 2026

USPTO News

On December 29, the USPTO announced launch of a Standard-Essential Patent (SEP) Working Group, reporting directly to USPTO Director John A. Squires. According to the announcement, the SEP Working Group will focus on the following three core objectives:
- Restoring Robust Remedies for Patent Holders–Clarifying that valid patent rights, including SEPs, deserve strong and predictable enforcement;
- Facilitating Meaningful Participation in Standards Development–Exploring mechanisms to incentivize and enable broader participation in standard developing organizations (SDOs), particularly by small and medium-sized U.S. enterprises; and
- Engaging Stakeholders and Promoting Transparency Across the Innovation Ecosystem–Creating channels for dialogue with patent holders, implementers, SDOs, and other stakeholders to understand the challenges they face and identify solutions, and supporting these groups by developing resources to increase predictability in SEP licensing negotiations and standards development.
On December 15, the USPTO announced the selection of Montana as the as the first of several new locations of community engagement offices to serve the region formerly serviced by the Rocky Mountain Regional Outreach Office. The announcement follows the closure of the Rocky Mountain Regional Office in Denver in October.

On December 9, Director Squires wrote a letter to Congress expressing support for amending the Copyright Act to require radio stations to provide fair compensation to copyright owners and performers when their sound recordings are broadcast "over the air."
On December 8, Director Squires delivered remarks providing updates from the IP Attaché program
On December 4, the USPTO issued new guidance regarding the use of subject matter eligibility declarations (SMEDs) under 37 C.F.R. § 1.132
- The first memorandum, directed to the Examining Corps, explains that SMEDs are a voluntary option under existing Rule 132 practice.
- The second memorandum, directed to applicants and practitioners, outlines best practices for preparing and submitting SMEDs.
The extended comments period for the PTAB’s “One Challenge” Notice of Proposed Rulemaking (NPRM) closed on December 2. The NPRM would preclude Inter Partes Review petitioners from pursuing prior art-based invalidity challenges in litigation. Over 2,800 comments were received, available here.

Final Rules

Interim Rules

Proposed Rules

Required Use by Foreign Applicants and Patent Owners of a Patent Practitioner, 90 Fed. Reg. 60594 (Dec. 29, 2025) [comments due January 28, 2026] (proposing to amend the Rules of Practice in Patent Cases to require patent applicants and patent owners whose domicile is not located within the United States or its territories to be represented by a registered patent practitioner) [news alert]

General Notices

PTAB Decisions

New Precedential PTAB Decisions
- There are no new precedential PTAB decisions.
New Informative PTAB Decisions
- There are no new informative PTAB decisions.

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