Record Petition Filings Projected for FY 2017 – Institution Rate Continues Slide

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The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for July 2017.  Filings remain near the 150 mark, with 138 total trials being requested in July, 135 of those being requests for Inter Partes Review.  This is down from 207 total filings in June and the FY high in January of 246 total filings.  Total post-grant filings to date for FY 2017, which ends September 30, are already at 1650 petitions.  This projects to 1980 petitions for the year, which would be a record, where 1897 petitions were filed in FY 2015.

The trial institution rate has continued to slide from an early high of near 90%, with just over 63% of petitions resulting in instituted trials so far in FY 2017, down from a 67% rate in FY 2016.

Since PTAB trials were introduced in 2012 there have been 1674 Final Written Decisions.  Twenty-two of those Final Written Decisions were issued in July 2017.  Of those 22 decisions 8 (36.3%) found no instituted claims unpatentable and 13 (59%) found all instituted claims unpatentable.

The full set of July 2017 PTAB statistics can be accessed here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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