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ALEXANDRIA, VA—The U.S. Patent and Trademark Office (USPTO) is extending the comment period for the proposed rule titled “Revision to Rules of Practice before the Patent Trial and Appeal Board” that was published in the Federal Register on October 17, 2025. The proposed rule’s comment period is extended until December 2, 2025.
The USPTO is granting a 15-day extension of time in response to several requests from stakeholders. The USPTO does not anticipate that any further extensions of time will be forthcoming and that this extension should not be taken as indicative of the agency’s propensity to grant extensions for future proposed rules.
“For nearly four years, this Office has promised, discussed, and debated formal rulemaking on discretionary denial practice at the Patent Trial and Appeal Board,” said Director Squires. “Although the previous Administration could not get it done, it is now past the time for concluding the process and issuing a final rule. While we endeavor to be responsive to stakeholders—and indeed are by granting an additional 15 days today for comment, on top of the 30-day period originally noticed—45 days total has now been provided. This is an ample amount of time to respond, certainly in light of history here, and particularly in view of the wide-ranging and thorough airing these issues have received across our stakeholder communities over the past four years. Now’s the time.”
For more information about the extension, view the Federal Register publication.
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