trial statistics june 2020 - uspto.gov...jun 30, 2020 · trial statistics ipr, pgr, cbm patent...
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Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board June 2020
IPR10,860
93%
CBM5935%
PGR2342%
11,687Total
3
Petitions by Trial Type (All Time: Sept. 16, 2012 to Jun. 30, 2020)
Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).
Electrical/Computer65462%
Mechanical & Business Method
25224%
Chemical666%
Bio/Pharma616%
Design202%
1,053Total
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Petitions Filed by Technology in FY20(FY20: Oct. 1, 2019 to Jun. 30, 2020)
0 2 5 3 5 2 3 110 9 9 7 6
Jun-19 Jun-20PGR
(52 PGRs in FY20)
112 109 11997 99
74
144
79
150
88 85
119
152
Jun-19 Jun-20IPR
(990 IPRs in FY20)
5
Petitions Filed by Month (Jun. 2020 and Previous 12 Months: Jun. 1, 2019 to Jun. 30, 2020)
0 0 0 0 05
0 0 2 2 0 1 1
Jun-19 Jun-20CBM
(11 CBMs in FY20)
6
Institution Rates(FY13 to FY20: Oct. 1, 2012 to Jun. 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
478
29223
469 496 558 577 510376
87%
75%68% 67% 63% 60% 63%
56%
FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20
Instituted Denied
67% (1,545 of 2,298)
66% (3,573 of 5,420)
38% (20 of 52)
61% (348 of 572)
59% (542 of 924)
Mechanical &Business Method
Electrical/Computer
Design
Chemical
Bio/Pharma
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Institution Rates by Technology(All Time: Sept. 16, 2012 to Jun. 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
124
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 Jun. 30, 2020)
18
110
212 194 187 201243
109
90%
40%29% 22% 22% 24% 29% 21%
-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 Jun. 30, 2020)
Settlements
Settlement Rate
10
Status of Petitions(All Time: Sept. 16, 2012 to Jun. 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.
11,687
6,056
3,261
7271,515 134 45
3,210 538 5631,272 76 346
Petit
ions
Pend
ing
Sett
led
Dis
mis
sed
Requ
este
dA
dver
se J
.
Den
ied
Inst
itute
d
Join
ed
Pend
ing
Sett
led
Dis
mis
sed
Requ
este
dA
dver
se J
.
Fina
l Writ
.D
ecis
ions
FWD3,26134%
11Joined and dismissed cases are excluded.
FWD All Patentable
6407%
FWD Mixed5886%
FWD All Unpatentable
2,03321%
Requested Adverse J.
3914%
Settled2,78729%
Institution Denied3,21033%
2,033 62%
588 18%640 20%
Percentage of Final Written Decisions
FWD All PatentableFWD Mixed
FWD All Unpatentable
Outcome of Concluded Proceedings(All Time: Sept. 16, 2012 to Jun. 30, 2020)