New USPTO Guidelines Prioritize US Manufacturing in Patent Decisions

On March 11, 2026, the United States Patent and Trademark Office (USPTO) announced new guidelines that introduce additional criteria for evaluating petitions related to Intellectual Property Rights (IPR) and Post-Grant Review (PGR). The memorandum, issued by USPTO Director Squires, emphasizes the importance of ties between patented technology and US manufacturing, potentially reshaping how patent disputes are handled in the country.

The revised criteria focus on three main areas. First, they assess the connection of patented technology to the United States. Second, they examine the size of the petitioner involved in infringement lawsuits. The changes aim to ensure that petitions align with the integrity of the US patent system, facilitate efficient USPTO administration, and enable timely handling of IPR and PGR cases.

Director Squires highlighted concerning trends, noting that a significant portion of the US manufacturing base, particularly in the electronics and computer industries, has moved overseas. According to a USPTO study, many frequent petitioners in IPR and PGR cases lack a substantial manufacturing presence in the United States and have no plans to establish one. This situation has prompted the USPTO to reconsider how petitions are evaluated based on their manufacturing ties.

The implications of these new criteria are significant. The USPTO is likely to scrutinize whether a petitioner manufactures the accused products domestically and whether patent owners invest in US manufacturing. The size of the petitioner may also serve as an indicator of their manufacturing practices, potentially favoring smaller businesses that demonstrate significant investment in US operations.

This approach could lead to a more favorable outcome for patent owners who produce or license competing products made in the United States, while negatively impacting petitioners without domestic manufacturing. Small businesses may find themselves at an advantage, as they could better illustrate their commitment to US manufacturing compared to larger multinational corporations.

The memorandum represents a shift in the USPTO’s strategic thinking regarding discretionary denials, encouraging both patent owners and petitioners to adopt innovative approaches when advocating for or against such denials. This development reflects the USPTO’s ongoing efforts to align its processes with the realities of the modern manufacturing landscape in the United States.

In summary, the new guidelines from the USPTO mark a significant step towards prioritizing US manufacturing in patent decision-making, potentially altering the dynamics between patent owners and petitioners in the process.