On behalf of BSA, we write to express deep concern with the recent emergence of a policy at the US Patent & Trademark Office (“USPTO” or “the Office”) practice to discretionarily deny institution of meritorious petitions for inter partes review proceedings – proceedings which were mandated by Congress in America Invents Act (“AIA”). We also write to express our concerns with the October 17 Notice of Proposed Rulemaking entitled “Revision to Rules of Practice before the Patent Trial and Appeal Board,” to which we will submit formal comments.