The Software & Information Industry Association (SIIA) has joined a coalition of leading trade associations in filing an amicus brief in In re Tessell, Inc., urging the U.S. Court of Appeals for the Federal Circuit to grant mandamus relief against recent USPTO practices governing Patent Trial and Appeal Board (PTAB) institution decisions. The brief argues that PTAB institution decisions are not "entirely discretionary," but instead are tightly governed by the America Invents Act and longstanding principles of administrative law.

In the brief, SIIA and the other amici contend that the USPTO's recent shift toward unexplained, summary denials of PTAB petitions-and the reassignment of initial institution decisions to political appointees-violates the statute, the Administrative Procedure Act, and the agency's own regulations. The amici emphasize that reasoned decision-making, transparency, and adherence to established procedures are essential to preserving fairness, predictability, and confidence in the U.S. patent system.