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.

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CLE Materials*

Conservatives Urge Trump Admin to Voice Support for USPTO’s Proposed PTAB Rule

Current and Former Lawmakers Lock Horns in Comments on USPTO’s Proposed PTAB Changes

USPTO Issues NPRM on IPR Practice, Withdraws Vidal-Era Proposal

Despite Tweaks, PREVAIL 2025 Would Still Transform the PTAB

The Slow Death of AIA Trials: A Look into the USPTO’s ‘One-and-Done’ Rule Package

* A Note on Materials: We apply for MCLE, which requires substantive writing on the topic covered. The materials provided are typically published by IPWatchdog.com authors and contributors. Although these articles relate to the topics that will be discussed, they are not intended to pigeon-hole guest speakers in any way or suggest endorsement of the positions taken by the authors. They are hopefully informative, and the articles we select have to date always been sufficient to satisfy MCLE authorities.