Supreme Court Asked to Review Patent Review Doctrine
Amici requested that the Supreme Court review the USPTO settled expectations doctrine.
Updated on Sept. 20, 2026 in Remote Work
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The Supreme Court has received a request to review the USPTO policy of denying patent reviews based on settled expectations. This move follows a petition from Kahoot AS! challenging the agency's authority under the America Invents Act.
Why it matters
The case questions whether the USPTO Director exceeded statutory authority by denying reviews for patents in force for at least six years. This dispute highlights concerns over the consistency and legal basis of agency-wide patent review processes.
In July and August 2026, the USPTO recorded 42 instituted petitions and 36 denials, resulting in a 54% institution rate. This follows a broader 40% institution rate observed through the first 11 months of fiscal year 2026.
The players
Kahoot AS!
This company is the petitioner seeking Supreme Court review of patent review policies.
PTAB Bar Association
This legal organization filed an amicus brief supporting the challenge to USPTO policy.
John Squires
As USPTO Director, he recently returned institution decision-making authority to the PTAB.
The details
The controversy centers on the USPTO Director's refusal to institute inter partes review for patents deemed to have settled expectations after six years in force. While the Director recently returned decision-making authority to the Patent Trial and Appeal Board (PTAB), groups including the PTAB Bar Association and 38 IP law professors have filed amicus briefs challenging the underlying doctrine.
Timeline
In February 2026, the U.S. Court of Appeals for the Federal Circuit denied Kahoot AS! a petition for a writ of mandamus.
Kahoot AS! filed its petition for a writ of certiorari in July 2026.
During July and August 2026, the USPTO instituted 42 petitions and denied 36.
The PTAB Bar Association filed an amicus brief on September 16, 2026.
Market Landscape
This litigation highlights a significant clash over regulatory autonomy within the U.S. patent system. By challenging the USPTO Director's authority under the America Invents Act, stakeholders are seeking to define the limits of agency discretion in patent litigation.
For companies and inventors, this case could redefine the predictability of patent challenges and the longevity of enforceable intellectual property rights. A Supreme Court ruling would clarify if administrative directors can unilaterally block patent reviews based on internal doctrine.
The takeaway
The petition underscores a growing tension between administrative agency discretion and established statutory guidelines. Legal experts and patent holders should watch for a Supreme Court decision that could significantly alter how patent validity is challenged in the future.
Further reading
Learn more about the current landscape of the legal sector in the United States Remote Work section.
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