The landscape of US patent litigation is undergoing its most significant transformation in over a decade. As of late 2025, the U.S. Patent and Trademark Office (USPTO) has proposed sweeping restrictions on Inter Partes Review (IPR)—the process used to challenge patent validity outside of court.
The End of “Forum Shopping”
The proposed rules represent a “One-Forum” mandate. Under rule 42.108(d), challengers must essentially choose a side: the USPTO or the court system. This eliminates the ability to “hedge” a defense across multiple venues.
| Proposed Rule | Change Detail | Strategic Impact |
| 42.108(d) | One-Forum Rule | Challengers must waive court challenges to use IPR. |
| 42.108(e) | Survivor Immunity | Patents upheld once are immune from future IPRs. |
| 42.108(f) | Parallel Litigation | IPRs blocked if a court case is likely to finish first. |
| Director Review | Direct Oversight | Director now personally decides all IPR initiations. |
Director-Led Discretion
In a major procedural shift, the USPTO Director has assumed personal control over decisions to start reviews. The shift away from administrative judge panels toward “summary notices” means that initial decisions are now faster but offer less detailed legal analysis, making early-stage strategy more critical than ever.
The Strategy: Choosing Your Path Early
“Your brand is never yours until you claim it.” With initial denial rates trending exceptionally high in late 2025, companies must commit to a singular path at the very start of a dispute.
- For Patent Owners: This signals a period of high stability and increased protection against repeated attacks.
- For Challengers: The “race to the finish” means you must prioritize the forum that offers the most efficient path to a resolution.
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