USPTO Tightens the Rules on Patent Challenges

The U.S. Patent and Trademark Office (USPTO) just made it harder to challenge patents by limiting the types of “evidence” that can be used.

When someone wants to knock out a patent, they can ask the Patent Trial and Appeal Board (PTAB) to review it in a process called Patent Trial and Appeal Board (PTAB). Until now, challengers sometimes leaned on two shortcuts: (1) pointing to things the inventor admitted in the patent itself—called Applicant Admitted Prior Art (AAPA)—or (2) arguing that a feature was just “general knowledge” in the field. Starting September 1, 2025, that’s off the table. Challengers now must prove every detail of their case with real, outside evidence—think other patents or published articles—not the patent owner’s own words.

 
For patent owners, this is great news: your own explanations can’t be turned against you anymore. For challengers, the bar just got higher—you’ll need stronger, well-documented sources to argue a patent isn’t valid. The USPTO says this shift will reduce uncertainty and legal battles over what counts as legitimate evidence. In practice, it means patent disputes will hinge more on solid documentation and less on clever use of a patent’s own backstory.

This change reshapes how patents are defended and attacked. Whether you’re protecting your innovation or assessing competitors’ patents, it’s worth reviewing your strategy before these rules kick in.

Text: McCombs, David, et al. ‘USPTO Restricts Prior Art That Can Be Used in Inter Partes Reviews’. Reuters, 22 Aug. 2025. Legal Industry. www.reuters.com, https://www.reuters.com/legal/legalindustry/uspto-restricts-prior-art-that-can-be-used-inter-partes-reviews-2025-08-22/.

Photo: 'Patented vintage cameras placed on table' by Wallace Chuck from Pexels: https://www.pexels.com/photo/patented-vintage-cameras-placed-on-table-4172286/