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Page 1: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business
Page 2: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board April 2020

Page 3: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

IPR10,589

93%

CBM5915%

PGR2212%

11,401Total

3

Petitions by Trial Type (All Time: Sept. 16, 2012 to Apr. 30, 2020)

Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).

Page 4: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

Electrical/Computer47862%

Mechanical & Business Method

18824%

Chemical446%

Bio/Pharma375%

Design203%

767Total

4

Petitions Filed by Technology in FY20(FY20: Oct. 1, 2019 to Apr. 30, 2020)

Page 5: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

5 2 2 00

1020

Apr-19 Apr-20CBM

(9 CBMs in FY20)

010 9 9

01020

Apr-19 Apr-20PGR

(39 PGRs in FY20)

74

150

88 85

0

50

100

150

200

250

Apr-19 Apr-20IPR

(719 IPRs in FY20)

5

Petitions Filed by Month (Apr. 2020 and Previous 12 Months: Apr. 1, 2019 to Apr. 30, 2020)

Page 6: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

6

Institution Rates(FY13 to FY20: Oct. 1, 2012 to Apr. 30, 2020)

Institution rate for each fiscal year is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.

191

664

1,012 1,011 954859 859

370

29223

469 496 558 577 510300

87%

75%68% 67% 63% 60% 63%

55%

FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20

Instituted Denied

Page 7: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

67% (1,511 of 2,248)

66% (3,507 of 5,307)

40% (20 of 50)

61% (348 of 567)

59% (534 of 910)

Mechanical &Business Method

Electrical/Computer

Design

Chemical

Bio/Pharma

7

Institution Rates by Technology(All Time: Sept. 16, 2012 to Apr. 30, 2020)

Institution rate for each technology is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.

Page 8: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

23

127

291242 249

200259

98

9%

12%

16%

14% 14%12%

16%

12%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20

8

Settlement rate for each year is calculated by dividing pre-institution settlements by the sum of proceedings instituted, denied institution, dismissed, terminated with a request for adverse judgment, and settled before decision on institution.

Settlements

Settlement Rate

Pre-Institution Settlements(FY13 to FY20: Oct. 1, 2012 to Apr. 30, 2020)

Page 9: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

18

110

212 194 187 201243

78

90%

40%29% 22% 22% 24% 29% 19%

-75%

-55%

-35%

-15%

5%

25%

45%

65%

85%

FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20

9

Settlement rate for each year is calculated by dividing post-institution settlements by proceedings terminated post-institution (i.e., settled, dismissed, terminated with a request for adverse judgment, and final written decision), excluding joined cases.

Post-Institution Settlements(FY13 to FY20: Oct. 1, 2012 to Apr. 30, 2020)

Settlements

Settlement Rate

Page 10: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

10

Status of Petitions(All Time: Sept. 16, 2012 to Apr. 30, 2020)

These figures reflect the latest status of each petition. The outcomes of decisions on institution responsive to requests for rehearing are incorporated. Once joined to a base case, a petition remains in the Joined category regardless of subsequent outcomes.

11,401

5,946

3,185

6571,489 130 44

3,135 530 5721,241 74 344

All Claims: 1,986 (62%)Some Claims: 575 (18%)

No Claim: 624 (20%)

Petit

ions

Ope

n Pr

e-In

stitu

tion

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Den

ied

Inst

itute

d

Join

ed

Ope

n Po

st-

Inst

itutio

n

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Fina

l Writ

.D

ecisi

ons

Instituted Claims Unpatentable

Page 11: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business

Settled 2,55430%

Instituted Denied 2,83833%

Mixed516 6%

624 (20%)575 (18%)

1,986 (62%)

FWD All PatentableFWD Mixed

FWD All Unpatentable

Percentage of Final Written Decisions

Institution Denied3,13533%

FWD All Patentable6247%

FWD Mixed 5756%

FWD All Unpatentable1,98621%

Requested AdverseJudgment

3884%

Settled2,73029%

FWD 3,18534%

11

Outcome of concluded proceedings(All Time: Sept. 16, 2012 to Apr. 30, 2020)

Joined and dismissed cases are excluded.Joined and dismissed cases are excluded.

Page 12: Trial Statistics April 2020 - United States Patent and Trademark … · 2020-05-15 · Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Covered Business