IPR institution/denial statistics point to now as the time to assert patents. 

One factor patent owners often consider before asserting patent assets is the likelihood of successful inter parte review (IPR) petitions. Successful IPR petitions can lead to litigation stays (delaying monetary recoveries) and possibly loss of patent claims. However, USPTO Director John Squires has introduced new procedures and factors to consider in determining whether to institute inter parte reviews, leading to new institution/denial statistics.

The procedural and substantive changes, including the new “settled expectations” factor, have suggested that the holistic approach of Director Squires would lead to fewer IPR proceedings. The statistics bear this out. 

As noted by Law360, “[s]ince he began making institution decisions in the fall, he has now instituted review in a total of 13 cases and denied review in 113, for an institution rate of 10.3%” and that “Squires' 10% institution rate now stands far below the nearly 70% rate at which the PTAB instituted review over the last three years, according to USPTO statistics.”

This drastic change in institution/denial rates counsels that now is the time to assert patents.  The chances of avoiding the challenger-friendly IPR process appears to be at an all-time high. Although Director Squires has shown it more likely that challenges are denied, it is unclear whether a future administration will continue such a patent-friendly posture.

Read more at: 

https://www.law360.com/articles/2421536?e_id=24be5176-d5a6-46bd-bc29-1b5066870b18&utm_source=engagement-alerts&utm_medium=email&utm_campaign=recommended_articles&utm_content=2025-12-15&utm_marketing_tactic=1&position=1&read_main=1&nlsidx=0&nlaidx=0