# USPTO Revises PTAB Institution Process

The USPTO will change how the Patent Trial and Appeal Board (PTAB) decides whether to institute inter partes review (IPR) and post-grant review (PGR) proceedings, effective November 16, 2026. PTAB will assess the merits of patentability challenges at the institution stage, while the USPTO Director retains responsibility for non-merits and discretionary considerations. This is an administrative process change—not a procurement funding measure or a new contracting requirement—but it may affect contractors and other businesses with patent portfolios that could face or bring patent challenges.

- Companies with relevant patent portfolios can assess how the merits-based institution process may affect potential IPR or PGR challenges.
- The change does not establish a new federal contractor compliance obligation or create a procurement opportunity.
- The revised process takes effect November 16, 2026, five days after the current date.

**Jurisdictions:** federal
**Published:** November 11, 2026

### Government Entities
- United States Patent and Trademark Office (USPTO)
- Patent Trial and Appeal Board (PTAB)

### Sources
- [USPTO Director returns to the PTAB merits-based considerations involved in making IPR and PGR institution decisions | USPTO](https://www.uspto.gov/about-us/news-updates/uspto-director-returns-ptab-merits-based-considerations-involved-making-ipr) - Uspto