In a significant move, the USPTO has announced that starting September 2025, challengers in inter partes review (IPR) can no longer rely on applicant-admitted prior art (AAPA). Put simply, they cannot use the explanations you include in your own patent specification as prior art against you. From now on, only external patents and printed publications count.

For inventors, this is welcome news. But it also raises the stakes. If AAPA is off the table, challengers will build their cases by stitching together combinations of external prior art. This is the same logic that fuels most type 103 obviousness rejections.

A Quick Look Back

This ruling didn’t come out of nowhere. Over the past five years, courts and the USPTO have shifted positions on AAPA multiple times. Here is a brief timeline:

• 2020 (Iancu): Said AAPA cannot be the basis of an IPR challenge.
• 2022 (Qualcomm I): Allowed AAPA to “fill in gaps” when paired with external prior art.
• 2022 (Vidal): Adopted that combination approach.
• 2025 (Qualcomm II): Pushed back, warning that AAPA often still ended up being the basis.
• 2025 (Stewart Memo): Finally settled the debate. AAPA is fully off the table starting Sept 1, 2025.

What This Means for Inventors?

While the rule makes it harder for challengers to turn your own words against you, it puts even greater weight on how your claims stand up to combinations of external prior art.

Most rejections at the USPTO already stem from §103 obviousness, where two or more references are combined to argue your invention is simply an “obvious improvement.” With this policy shift, that dynamic will become even more central, both during prosecution and in potential IPR proceedings.

The takeaway is clear: anticipating those combinations before you file is no longer optional. It’s the best way to strengthen your application and reduce the risk of setbacks later.

How PQAI Can Help?

This is exactly where PQAI’s combinational search becomes invaluable. Instead of only showing you single references, PQAI surfaces references of patents and documents that an examiner or challenger could logically combine.

By running your idea through PQAI before filing, you can:

• Spot the combinations most likely to fuel a §103 rejection.
• Refine and tighten your claims accordingly.
• Build filings that not only pass prosecution but are more resilient if ever challenged in IPR

In short, PQAI helps you see the same connections examiners and opponents might see, giving you a chance to address them early, and file with greater confidence. Try PQAI today to strengthen your filing strategy!