Note: Includes reinstated, cross-, and consolidated appeals.

Appeals from the USPTO dipped for the second straight year in FY21. Due to a spike in appeals from the Court of Federal Claims, District Courts are now the third most common source for CAFC appeals.

PTAB/AIA appeal pendency from docketing to opinion declined noticeably on an annual basis for the first time ever in 2021. COVID-19 delays had increased average pendency in the second half of 2020, and the court’s docket efficiency appeared to recover in 2021.

Just 15% of the Federal Circuit’s PTAB/AIA appeal decisions in 2021 were precedential opinions, the smallest share ever recorded. Nonprecedential opinions made up 49% of the court’s decisions.

Overall in 2021, 77% of PTAB/AIA decisions were affirmed, 16% were remanded, 5% were reversed, and 2% were dismissed. The affirmance rate has checked in between 73% and 79% for each of the last six years.

Chart data is sourced from the U.S. Court of Appeals for the Federal Circuit. Please reference the full report for more information and analysis.