PTAB Was Never ‘100% Discretionary,’ Rep. Issa Tells Squires

March 25, 2026

U.S. Patent and Trademark Office Director John Squires is exceeding the authority Congress intended to grant him in the America Invents Act for discretionarily denying patent challenges, the U.S. House of Representatives’ intellectual property leader said Wednesday.

Why it matters: This situation highlights the ongoing tensions between legislative intent and executive implementation within patent law. As the boundaries of authority blur, the implications for innovation and accountability in governance become increasingly significant.

What to watch:

Potential legislative actions aimed at clarifying the scope of the PTO’s authority.
Responses from the PTO regarding Rep. Issa’s claims and their implications for patent challenges.
Future patent cases that may test the limits of discretion as outlined in the America Invents Act.

Source credibility: Law360: Intellectual Property is a reliable outlet known for its focused reporting on legal and regulatory issues, with a moderate bias towards industry perspectives.

Published: March 25, 2026 11:00 PM

Source: Law360 — https://go.noligarchy.us/IyRl9C

Power Pattern Detected

What this story reveals

This story suggests the rules, incentives, or procedures may be working unevenly.
Broken process can be as damaging as overt corruption.
When systems fail quietly, the public often gets blamed for outcomes they did not design.

Civics Snapshot

How power moves here

LensRigged Systems LevelSystem design, administration, or rule enforcement MechanismProcedures, oversight gaps, access barriers, uneven accountability Public riskPeople can lose voice, fairness, or recourse without realizing how the system tilted

Citizenship Test Tie-In

Civics 101

What is the rule of law?

Answer: Everyone must follow the law.

A system feels rigged when rules are applied unevenly, selectively, or too late to matter.

Activist North Star

What can regular people do?

1. Name the mechanism Look past the personalities. Ask what power, money, office, donor network, media machine, or process is actually doing the work.

2. Track the decision-makers Identify which officials, committees, agencies, donors, or institutions can change the outcome or block accountability.

3. Apply specific pressure Make one concrete ask: disclosure, hearings, oversight, affordability action, ethics enforcement, or a public explanation on the record.

4. Share smarter Pass along verified reporting plus the civic lesson. Help other people understand not just what happened, but how the system enabled it.

The goal is not just outrage. It is durable public understanding and pressure.