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Page 1: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total
Page 2: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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

Page 3: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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).

Page 4: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

Electrical/Computer65462%

Mechanical & Business Method

25224%

Chemical666%

Bio/Pharma616%

Design202%

1,053Total

4

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

Page 5: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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)

Page 6: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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

Page 7: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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

7

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.

Page 8: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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)

Page 9: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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

Page 10: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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

Page 11: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total

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)

Page 12: Trial Statistics June 2020 - uspto.gov...Jun 30, 2020  · Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board June 2020. IPR 10,860 93%. CBM 593 5%. PGR 234 2%. 11,687 Total