Takeaway: The USPTO’s new “settled expectations” policy allows denial of patent challenges based on a patent’s age, signaling a shift toward earlier filings and greater uncertainty for late-stage IPR petitions.

Acting USPTO Deputy Director Coke Morgan Stewart is introducing a new “settled expectations” policy to deny inter partes review (IPR) petitions at the PTAB. If a patent has been unchallenged for several years, the USPTO may now reject review requests on the grounds that the patent owner reasonably expected no challenge.

This shift has caused concern among attorneys, who say it upends established norms and places new burdens on challengers. Critics argue it resembles a time-bar policy that Congress chose not to include in IPR rules. While some lawyers welcome the clarity, others warn the sudden change creates uncertainty and forces parties to act much earlier to contest patents.