trial statistics april 2020 - united states patent and trademark … · 2020-05-15 · trial types...
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Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board April 2020
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).
Electrical/Computer47862%
Mechanical & Business Method
18824%
Chemical446%
Bio/Pharma375%
Design203%
767Total
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Petitions Filed by Technology in FY20(FY20: Oct. 1, 2019 to Apr. 30, 2020)
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)
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Petitions Filed by Month (Apr. 2020 and Previous 12 Months: Apr. 1, 2019 to Apr. 30, 2020)
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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
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
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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.
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
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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)
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
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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
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%
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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.