This month, the Alliance of U.S. Startups and Inventors for Jobs (USIJ) released a new policy brief highlighting a critical issue in the U.S. patent system: strong reforms at the top are not always translating into consistent decisions at the Patent Trial and Appeal Board (PTAB).
Over the past year, USPTO leadership has taken meaningful steps to restore balance for American innovators. From the Notice of Proposed Rulemaking on discretionary denial to renewed support for injunctive relief, to the restoration of robust Real Party in Interest (RPI) disclosure requirements through Corning Optical, these actions reflect a clear commitment to strengthening patent protections.
USIJ commends this progress. These are exactly the kinds of reforms startups and inventors have long called for.
But the brief makes clear that policy direction alone is not enough.
In several recent, high-profile cases — including disputes involving Netlist, Pictiva, and Efficient Power Conversion — PTAB panels issued decisions that appear inconsistent with these reforms. In each instance, patents that had already been validated in court or through the ITC were challenged again at PTAB, often with outcomes that undermined those prior rulings.
The pattern is concerning. When PTAB decisions diverge from stated policy, they create uncertainty for innovators and send the wrong signal to the market. Even after securing a jury verdict or exclusion order, startups may still face repeated administrative challenges from well-resourced competitors.
This dynamic risks reinforcing what many innovators describe as “efficient infringement” — where large companies infringe first and rely on the PTAB to invalidate patents later.
The implications go beyond individual cases. A patent system that lacks consistency discourages investment, weakens U.S. competitiveness, and puts small inventors at a structural disadvantage.
Ensuring that PTAB panels consistently apply discretionary denial, RPI requirements, and the “settled expectations” doctrine is essential to restoring confidence in the system.
America’s innovation economy depends on these reforms.
Read the full USIJ policy brief here.