IPR Institution Rate Rises to 4%

by Dennis Crouch

The big USPTO news is that IPR grant rate has shifted from 0% up to 4%.  Although this is still incredibly low, breaking that zero-energy threshold is a major event. It calls to mind the immortal words of Lloyd Christmas (played by Jim Carey) “So you’re telling me there’s a chance.”  

Since late October 2025, USPTO Director John Squires has issued a series of notices deciding institution of IPR petitions under his centralized review policy. The results through December 1, 2025 tell a stark story: of 105 IPR petitions fully processed, 99 were denied on discretionary grounds, 2 were denied on the merits, and just 4 have been granted institution. For finalized decisions, the institution rate now stands at approximately 4%.  I expect this to rise somewhat as the remaining 65 receive their judgment, but the numbers will not quickly return to the historic average institution rate of roughly 67%.