New guidance from the United States Patent and Trademark Director John A. Squires on additional discretionary institution considerations states that domestic manufacturing and status as a small business will be considered in institution determinations. 

The guidance states:

"When determining whether to institute IPR and PGR proceedings, the Director will consider: 

(1) the extent to which any products accused of infringement in a parallel proceeding are manufactured in the United States or are related to investments in American manufacturing operations; 

(2) the extent to which any products made, sold, or licensed by the patent owner that compete with the accused products are manufactured in the United States; and 

(3) whether the petitioner is a small business that has been sued for infringement ofthe patent at issue." 

These considerations will benefit those petitioners that can articulate investment in domestic manufacturing or small business status for consideration in institution decisions.