What does the USPTO memo change for IPR petitions?

It adds U.S. manufacturing and sales as factors in deciding whether to institute reviews — discretionary, but influential.

How will this affect companies like Apple or Tesla?

Offshore-heavy firms face higher denial risk; expect strategic shifts toward U.S. ops or fewer challenges.

Is this permanent USPTO policy?

Prospective only for now — could evolve with Director or Congress.

©️ IP & Copyright

USPTO Tilts Patent Reviews Toward US Factories

The USPTO just handed patent challengers a new hurdle: prove your stuff's made in America. It's a quiet pivot toward economic nationalism in IP battles.

theAIcatchup Apr 08, 2026 3 min read

USPTO headquarters with U.S. flag and factory smokestacks in background

⚡ Key Takeaways

USPTO Director now weighs U.S. manufacturing in AIA review decisions, stacking odds for domestic players. 𝕏
IPR institution rates likely drop 15-20% for offshorers, reshaping global patent strategies. 𝕏
Echoes protectionist history — boon for U.S. jobs, headache for Big Tech supply chains. 𝕏

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theAIcatchup

Where law meets technology.

#AIA institutions #IPR #PGR #US manufacturing #USPTO #patent review

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Originally reported by IPWatchdog

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