Brian Pomper Urges USPTO to Finalize Patent Trial Rule Changes

Brian Pomper and the Innovation Alliance urged the Administration and the U.S. Patent and Trademark Office to finalize its Notice of Proposed Rulemaking (NPRM). The NPRM, which was published in October 2025, aims to revise rules of practice for the Patent Trial and Appeal Board. The proposal intends to focus inter partes review (IPR) proceedings on patent claims that have not previously been challenged in litigation.

The NPRM would require an IPR petitioner to stipulate not to pursue invalidity challenges in other forums. Furthermore, the USPTO would not institute an IPR if another proceeding has already adjudicated the patentability or validity of the claims. These changes affect how companies manage patent risk and litigation strategy.