By Matt Johnson –
The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied). As expected, this rate is substantially lower than the previous two fiscal years (50% in FY 2025 and 68% in FY 2024). The November rate was 36% (51 instituted, 90 denied). While these rates are low, they are higher than those observed in mid-2025, where July-September institution rates were 24%, 20%, and 27%, respectively.
On a per-patent-challenged basis, rather than per-petition, the institution rate for FY 2026 through November is at 56% (133 instituted, 157 denied).
The number of post-grant petitions filed has been less, with 161 filed in the first two months of the fiscal year (151 IPR, 10 PGR), on pace for 966 total. This contrasts with 1,433 post-grant filings in FY 2025 and 1,288 in FY 2024.
Institution rates for Bio/Pharma (67%) and Chemical (59%) patents have be higher than Electrical/Computer (27%) patent challenges, perhaps attributable to the use of faster venues for asserting high tech patents.
PTAB statistics through November 2025 can be accessed here, and the statistics for prior months and fiscal years may be accessed here.
