USPTO Cites Michel & Dowd Article in Proposed Rulemaking on PTAB Changes

In October 2025, the USPTO issued a notice of proposed rulemaking (“NPRM”) to revise procedures for IPRs before the PTAB.  In the NPRM, the USPTO cited and quoted the article Patent Protection: A Crucial Antitrust Tool for Increasing Innovation, authored by the Honorable Paul R. Michel (ret.) and Dowd Scheffel partner Matthew J. Dowd . 

The USPTO referenced the article to underscore the importance of reliable patent rights in fostering innovation and economic growth, particularly for small and medium-sized enterprises (“SMEs”). The citation and quotations highlight the article’s explanation that strong patent protection enables SMEs to attract investment, commercialize their technologies, and compete effectively against entrenched market incumbents. 

The article was published in Competition Policy International’s TechREG Chronicle in September 2024 and can be found here. 

The USPTO’s NPRM has been covered externally, including by Law360 and others: https://www.law360.com/ip/articles/2400377/proposed-new-rules-would-cut-off-many-ptab-challenges?spotlight=1 , https://ipwatchdog.com/2025/10/16/uspto-issues-nprm-ipr-practice-withdraws-vidal-era-proposal/ , https://patentlyo.com/patent/2025/10/proposes-restrictions-institution.html , https://www.jdsupra.com/legalnews/uspto-proposes-new-ipr-rules-director-2726958/