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JAN 27, 2026 | US | POSITION PAPER

US: USPTO Should Follow the Law and Correct Its Own Errors

The US Patent and Trademark Office (USPTO) recently instituted a systematic change to its process for reviews of low-quality patents that represents a stark departure from the framework Congress established under the Leahy-Smith America Invents Act of 2011 (AIA). This unilateral change in the review process, known as Inter Partes Review (IPR), flouts Congressional intent, threatens US innovation, and creates risks for US economic and national security.

Congress must exercise its oversight authority to ensure USPTO follows the system established by the AIA and that the United States patent system remains the best in the world.

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