USPTO Implements Interim Procedures Bifurcating Decisions to Institute AIA Trials

On March 26, 2025, Acting Director of the United States Patent and Trademark Office (USPTO) Coke Morgan Stewart issued a memorandum (the Workload Memorandum) to all Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB or the Board). The Workload Memorandum marks major changes to discretionary denial of institution of post-grant proceedings under the America Invents Act (AIA), namely inter partes review (IPR) and post-grant review (PGR).