Overreach in the U.S. Patent Office: The Collapse of Inter Partes Review

2nd November 2026, 18:30 – 20:00

(with discussion and reception after the talk)

Speaker: Professor Sapna Kumar

(Henry J. Fletcher Professor of Law, University of Minnesota Law School)

Venue:
Ludwig-Maximilians-University Munich
Main Building, Geschwister-Scholl-Platz 1, Room A240

Concerned by how wrongfully-issued patents can harm innovation, the U.S. legislature made it easier for companies to challenge patent validity by creating an administrative procedure known as inter partes review. Faster and cheaper than litigating in federal court, inter partes review petitions seeking cancellations of patent claims surged in popularity. But the current Director of the U.S. Patent and Trademark Office (Patent Office) has all but shut down the process, asserting ever-expanding discretionary powers to deny meritorious petitions under the U.S. Patent Act. While various companies have challenged the Patent Office’s actions on statutory and constitutional grounds, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) claims that it lacks statutory authority to hear such cases. The court’s refusal to intervene has emboldened the current Director to create even more reasons to deny inter partes review petitions, and it has led to the Director denying hundreds of petitions without any explanation.

This lecture will examine the rise and fall of inter partes review, discussing why the Patent Office’s actions are highly problematic for not just innovation, but also for the rule of law. It will highlight how the Federal Circuit’s refusal to intervene is in tension with the U.S. Supreme Court’s recent decisions that have heightened judicial oversight over federal agencies. It further will discuss how the Patent Office’s approach raises troubling constitutional concerns regarding agency overreach.