IPR Procedure Statistics

Overview

These statistics present an overview of all current Patent Trial and Appeals Board ("PTAB") decisions to grant or deny requests for inter partes reviews (“IPRs”). The data captures every PTAB decision whether to grant an IPR petition since the procedure became available on September 16, 2012. From these Board decisions, the analysis shows the number and percentage of IPRs that have been instituted. The statistics are subdivided by claims, grounds, and types of grounds (anticipation or obviousness).  Only when PTAB decisions were unclear as to the number of grounds asserted does the analysis use numbers from the original petitions. The raw statistics, showing each reviewed petition with the specific outcomes, are available for download.

Overall Statistics

Number Percent
Total Petitions 3602  
Petitions Terminated by Parties 403 14.2%
Petitions Dismissed / Denied on Technical Grounds 147 4.6%
Board Decisions on Merits 2114 69.9%
Reviews Instituted 1625 76.9%
Petitions Denied on Merits 489 23.1%
All Claims Reviewed 1230 58.2%
Less than All Claims Reviewed 395 18.7%
All Grounds Reviewed 386 18.3%
Less than All Grounds Reviewed 1239 58.6%
Decisions With Some Cumulative Grounds 780 36.9%

 

Anticipation Statistics

Number Percent
Decided Petitions Asserting Anticipation 1162 55.0%
Decisions Reviewing Some Anticipation 714 61.4%
All Anticipation Claims Reviewed 460 39.6%
Less Than All Anticipation Claims Reviewed 254 21.9%
All Anticipation Grounds Reviewed 352 30.3%
Less Than All Anticipation Grounds Reviewed 362 31.2%
Decisions With Some Cumulative Anticipation Grounds 262 22.5%
Decisions With All Anticipation Grounds Cumulative 49 4.2%

 

Obviousness Statistics

Number Percent
Decided Petitions Asserting Obviousness 2407 96.8%
Decisions Reviewing Some Obviousness 1480 72.3%
Decisions Denying All Obviousness 567 27.7%
All Obviousness Claims Reviewed 1032 50.4%
Less Than All Obviousness Claims Reviewed 448 21.9%
All Obviousness Grounds Reviewed 435 21.3%
Less Than All Obviousness Grounds Reviewed 1045 51.1%
Decisions With Some Cumulative Obviousness Grounds 733 35.8%
Decisions With All Obviousness Grounds Cumulative 27 1.3%
Decisions With 10+ Obviousness Grounds 209 14.1%
Decisions With 10+ Obviousness Grounds w/ Cumulative 133 63.6%

 

Current as of October 5, 2015

PTAB Responses, for Every Board Decision as of October 5, 2015, Accounted by Grounds and Claims.

Data Source: https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board-0

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