Jones Day

Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017.  September IPR petition filings were 4th highest for the year at 133 (August 155, July 152, March 150).

The institution rate for post-grant challenges in FY 2020 (Oct. 1, 2019 through September 30, 2020) finished at 56% (648 instituted, 508 denied) compared to 63% in the previous year.  This lower institution rate compared to prior years, and its effect on petition filings, are items that we continue to keep a close eye on.  September institutions were 67 institutions to 41 denials (62.0% institution).

61% of petitions challenged patents in the electrical/computer arts (58% institution), 7% of challenges were to chemical patents (59% institution), while 5% were directed to bio/pharma patents (48% institution).

Over the last 10 months (since the PTAB began providing monthly statistics on FWDs), in 434 Final Written Decisions, 247 cases (57%) found all claims unpatentable, 94 cases (22%) found some claims unpatentable, and 93 cases (21%) found no claims unpatentable.

The PTAB’s statistics through the entirety of FY2020 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may be accessed here.