USPTO & PTAB News - September 2025: Recent Developments

In a series of recent updates, the United States Patent and Trademark Office (USPTO) has announced several changes and developments that affect patent holders and applicants.

Account Verification Changes

Starting from a specific date, users will need to switch to one of the methods outlined for account verification of a USPTO.gov account. The options include Okta Verify, a time-based one-time password (TOTP) authenticator application, or a Fast Identity Online (FIDO2) security key. Email verification will no longer be available as of November 1. The USPTO encourages users to familiarise themselves with these new methods to ensure a smooth transition.

PTAB Decisions

The Patent Trial and Appeal Board (PTAB) has made several decisions recently. Notable cases include TCL Electronics Holdings Ltd. v. Maxell, Ltd., IPR2025-00120, and Skechers U.S.A., Inc. v. Nike, Inc., IPR2025-00141, where the decisions were vacated and remanded for further proceedings. Other decisions include Arm Ltd. v. Daedalus Prime LLC, IPR2025-00207, and Tessell, Inc. v. Nutanix, Inc., IPR2025-00298, where the decisions were vacated and the cases referred back to the Board for further proceedings.

Leadership Appointments

The USPTO has also announced new leadership appointments. Lara K. Park has been appointed as the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director, while Kathi Vidal has been appointed as the Under Secretary of Commerce for Intellectual Property and Director.

Expedited Examination of Design Applications

The elimination of Expedited Examination of Design Applications became effective on August 14, 2025, as per the final rules published on 90 Fed. Reg. 39124. The provisions for expedited examination had previously been suspended since April 17, 2025.

Other Developments

On August 8, the USPTO announced it had issued sanctions against a foreign trademark filing firm and terminated over 52,000 trademark applications and registrations connected to the firm. Beginning on September 7, the USPTO will replace two legacy search applications, Patent Assignment Search and Assignments on the Web, with one Assignment Search application.

On August 28, President Trump nullified the USPTO's December 2024 Collective Bargaining Agreement covering approximately 9,000 patent examiners and other professionals. Acting Director Stewart of the USPTO announced reassignment of PTAB Chief Judge Scott Boalick and Vice Chief Judge Mike Tierney to lead the USPTO's Central Reexamination Unit. Vice Chief Judge Kal Deshpande was appointed acting chief judge of the PTAB.

For more information on the new account verification methods, the Assignment Search application, and other updates, users are advised to visit the USPTO news section on their website.