Key players include the United States Patent and Trademark Office (USPTO), directed by John A. Squires, who signed the Official Gazette notice; patent owners and third-party requesters in ex parte reexamination proceedings; and law firms like Polsinelli, Akin Gump, Stradling, and others reporting the change. No specific companies or legislation beyond existing statutes (e.g., 35 U.S.C. §§ 302-305) are named.[1][3][5][8]
This stems from a recent surge in ex parte reexamination requests, straining the USPTO's 3-month statutory deadline for SNQ decisions and high institution rate (over 90%), prompting an experimental process to better inform examiners on prior art teachings without addressing § 325(d) denials. The USPTO may revise rules if effective.[1][3][5][6][9]
Newsworthy now as it takes effect today (April 5, 2026), marking the first formal pre-SNQ input for patent owners amid rising filings, potentially reducing unnecessary proceedings and shifting strategy in patent challenges versus alternatives like IPR.[3][5][11]