USPTO Signals a Strategic Shift in Patent Policy—Implications for Technology Executives

The U.S. Patent and Trademark Office (USPTO) has released a set of proposed rules that would nearly eliminate repeated inter partes review (IPR) challenges of issued patents before the Patent Trial and Appeal Board (PTAB). In addition – and perhaps even more importantly – the proposed rules would force patent challengers to choose to challenging the validity of a patent: either the USPTO -or- in court — but not both. Combined with the USPTO Director’s recent emphasis on allowing software-related patents—illustrated in the recent ex parte Desjardins decision—and the Office’s “settled expectations” rationale for discretionary denial, the USPTO is signaling a shift (for at least the next few years) toward greater patent issuance and reduced opportunities to challenge validity both in number and timing.

Protect Your Innovation

For technology executives, this represents a drastic change in the risk–reward equation surrounding innovation. As the cost and difficulty of invalidating patents increase, the relative value of owning strong, enforceable IP rises sharply. Patents are poised to become more powerful business assets—both as shields against competitors and as strategic tools for market positioning. In this climate, companies that treat IP as a core business discipline rather than a legal afterthought will be best positioned to protect operating space, deter infringement, and attract investor confidence.

Building a culture of innovation and IP awareness within an organization is now a competitive imperative. Integrated processes that identify inventions early, assess patentability, and align filings with commercial objectives can help ensure that R&D investments translate into durable advantages. Equally important, developing internal capabilities to analyze third-party portfolios and design around existing technologies can reduce exposure to infringement risk while revealing new opportunities for differentiation.

Leverage this Window of Opportunity

For existing patent owners, the USPTO’s policy direction signals a favorable window for monetization. With the increased cost and risk of challenging validity, licensees and potential infringers face stronger incentives to settle or acquire rights rather than litigate. This dynamic is likely to elevate patent valuations across key technology sectors, making now an opportune time to launch licensing or enforcement campaigns strategically aligned with business growth goals.

To discuss strategies for leveraging these shifts to strengthen your company’s innovation and IP position, contact a member firm of Synchrony IP. It could take as little as an hour to answer your question: What is Patentable? or Is it Worth It?