Capitol Hill & PTAB Politics: Innovation Policy, Congressional Oversight and Mid-term Elections

Capitol Hill & PTAB Politics: Innovation Policy, Congressional Oversight and Mid-term Elections

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The PTAB is being fundamentally realigned, but is this what Congress intended when it passed the America Invents Act (AIA) in 2011? While the AIA gives the USPTO Director nearly unfettered, non-appealable discretion when deciding whether or not to institute an AIA trial proceeding, there are some in Congress who have balked at the notion that petitioners do not have a right to have their challenges considered by the PTAB. Indeed, when the USPTO Director Andrei Iancu aggressively used Fintiv to deny institution, there were contentious hearings and calls for him to reverse course. What the USPTO did to curtail PTAB institution in 2025 goes well beyond anything Director Iancu did during his term. Thus, there are many observers who anticipate Congressional hearings focusing on the PTAB in 2026.

This session cuts straight to the heart of how Capitol Hill is likely to exert pressure on the USPTO through oversight hearings, legislative proposals, and election-year positioning. We’ll examine how PTAB practice could become a political flashpoint and what that means for patent owners, petitioners, and the broader innovation ecosystem. Our conversation will map out the legislative landscape around PREVAIL and other reform packages that could gain traction in light of the USPTO aggressively using discretionary denials to stop AIA trials before they start. We will break down where the key committees stand, who’s pushing what, and how the mid-term cycle is reshaping priorities and could lead to fresh leadership in 2027.