SIIA Joins Industry Coalition Supporting Tesla in Challenge to USPTO PTAB Practices

In a newly filed amicus brief in In re Tesla, SIIA and a coalition of major industry associations urge the Federal Circuit to halt the U.S. Patent and Trademark Office's increasingly opaque and discretionary handling of PTAB institution decisions. The brief argues that the USPTO has overstepped its statutory authority by treating PTAB review as wholly discretionary, issuing unexplained one-word denials, and shifting adjudicatory authority from administrative judges to political appointees.

The coalition emphasizes that these practices conflict with the America Invents Act, violate the APA's requirement for reasoned decision-making, and disregard the USPTO's own regulations designed to safeguard independent, fair patent adjudication. The brief urges the court to restore transparency, statutory fidelity, and due-process safeguards in PTAB review-protections that are essential for innovators, technology companies, and the broader U.S. economy.