Supreme Court and Congress Face Pressure to Reshape PTAB Authority
Big Tech, CCIA, and PTAB practitioners are pressing the Supreme Court to review USPTO control over institution decisions and discretionary denials, including limits on repeat challenges. Google is separately challenging the Federal Circuit's settled-expectations policy, while proposed conditions tied to extending USPTO fee authority could constrain Director discretion. A September 2 hearing will examine fee-authority renewal, which may expire September 16 unless Congress acts.
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Updated Aug 30, 2026