Patent Trial and Appeal Board Statistics€¦ · *Data current as of: 9/30/2016. Narrative: This...
Transcript of Patent Trial and Appeal Board Statistics€¦ · *Data current as of: 9/30/2016. Narrative: This...
Patent Trial and Appeal BoardStatistics9/30/2016
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Narrative:This pie chart shows the total number of cumulative AIA petitions filed to date broken out by trial type (i.e., IPR, CBM, and PGR).
*Data current as of: 9/30/2016
514391%
4768%
371%
5656 Total AIA Petitions*
Total IPR Petitions Total CBM Petitions Total PGR Petitions
Cumulative from 09/16/2012
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*Data current as of: 9/30/2016
Narrative:This bar graph depicts the number of AIA petitions filed each fiscal year, with each bar showing the filings for that fiscal year by trial type (i.e., IPR, CBM, and PGR).
FY14 FY15 FY16*
1310
1737
1565
177 149 942 11 24
Number of AIA Petitions Filed by Fiscal Year by TypeIPR CBM PGR
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Narrative:These line graphs display the number of IPR, CBM, and PGR petitions filed each month and the total number of all petitions filed each month from the effective date of the AIA trial provisions.
*Data current as of: 9/30/2016
157 150
190
126
176142
195
116
192
115
180145 146
174193
123
177141
117142 144
99
150118
148 135
0
40
80
120
160
200
240Number of TOTAL Petitions Filed by Month*
120
179
102
177
100
164131 139 145
182
117165
136106
131 13896
132107
136114
166 155 136 148
0
100
200
300
Number of IPR Petitions Filed by Month*
2116 13 15 14 16 13
7
26
9 6 95
11 105 3
12 10 1017
91 4 2
05
101520253035404550
Number of CBM Petitions Filed by Month*
10
10
10
10
32
0
3
0 01 1
0
6
12
4
1 1
34
0
2
4
6
8
10
Number of PGR Petitions Filed by Month*
142
195
116
192
115
180145 146
174193
123
177141
117142 144
99
150118
148 135
176157 143 154
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
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Narrative:This pie chart shows the total number of AIA petitions filed in the current fiscal year to date as well as the number and percentageof these petitions broken down by technology.
*Data current as of: 9/30/2016
96265%
31821% 114
8%
926%
30%
1489 Total AIA Petitions in FY 14* (Technology Breakdown)
1,19363%
44323% 90
5%
1679%
40%
1897 Total AIA Petitions in FY 15* (Technology Breakdown)
93555%
40524%
1157%
21213%
161%
1683 Total AIA Petitions in FY 16* (Technology Breakdown)
Electrical/Computer - TCs 2100, 2400, 2600, 2800Mechanical/Business Method - TCs 3600, 3700Chemical - TC 1700Bio/Pharma - TC 1600Design - TC 2900
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Narrative:These three sets of bar graphs show the number of patent owner preliminary responses filed and waived/not filed each fiscal year in IPR, CBM, and PGR proceedings.
*Data current as of: 9/30/2016
FY 2014 FY 2015 FY 2016*
8291,326
843
202
223
159
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not FiledFY14 FY15 FY16*
8291,326 1,238
202
223 239
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not FiledFY14 FY15 FY16*
116154
94
18
12
11
CBM - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY14 FY15 FY16*
06
19
0
1
1
PGR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
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Narrative:This chart shows the percentage of petitions instituted of all decisions on petition, by technology area.
*Data current as of: 9/30/2016
61%
72%
38%
71%
73%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Biotechnology/Pharma (214 of 350 petitions)
Chemical (189 of 263 petitions)
Design (8 of 21 petitions)
Electrical/Computer (1706 of 2400 petitions)
Mechanical/Business Methods (773 of 1061 petitions)
Percent of Petitions Instituted, by Technology
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Narrative:These three sets of bar graphs show the number of decisions on institution by fiscal year broken out by trials instituted (including joinders) and trials denied in IPR, CBM, and PGR proceedings. A trial that is instituted in part is counted as an institution in these bar graphs.
*Data current as of: 9/30/2016
FY14 FY15 FY16*
557801 871
15
11677
193426 444
IPR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY14 FY15 FY16*
91 9151
1 10
6
30 43 45
CBM - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY14 FY15 FY16*
0 3
11
0 0
7
PGR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
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Narrative:These three sets of bar graphs show settlements in AIA trials broken down by settlements that occurred prior to institution and settlements that occurred after institution in IPR, CBM, and PGR proceedings.
*Data current as of: 9/30/2016
FY14 FY15 FY16*
106
275229
104
189 184
IPR - Settlements
Settled Before Institution Settled After Institution
FY14 FY15 FY16*
21
14 13
6
32
13
CBM - Settlements
Settled Before Institution Settled After Institution
FY14 FY15 FY16*
0
2
00 0
1
PGR - Settlements
Settled Before Institution Settled After Institution
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Narrative:This graph shows a stepping stone visual depicting the outcomes for all IPR petitions filed to-date that have reached a final disposition.
*Data current as of: 9/30/2016
Disposition of IPR Petitions Completed to Date*
687Terminated
After Institution Decision:
495 Settled19 Dismissed
173 Request for Adverse
Judgement
1075Petitions Denied
696Terminated
Before Institution Decision:
630 Settled41 Dismissed
25 Request for Adverse
Judgement
1214Trials Completed(Reached Final
Written Decision)
833 TrialsAll Instituted Claims
Unpatentable (23% of Total Petitions, 43%of Trials Instituted,
69% of Final Written Decisions)
189 TrialsSome Instituted
Claims Unpatentable(5% of Total Petitions,
10% of Trials Instituted, 16% of
Final Written Decisions)
1771Trials Not Instituted
1901Trials
Instituted
192 TrialsNo Instituted Claims Unpatentable (5% of Total Petitions, 10%of Trials Instituted,
16% of Final Written Decisions)
3672Total
Petitions
11*Data current as of: 9/30/2016
72Terminated
After Institution Decision:
51 Settled8 Dismissed
13 Request for Adverse
Judgement
121Petitions Denied
55Terminated
Before Institution Decision:
51 Settled4 Dismissed
0 Request for Adverse
Judgement
143Trials Completed(Reached Final
Written Decision)
117 TrialsAll Instituted Claims
Unpatentable (30% of Total Petitions, 54%of Trials Instituted,
82% of Final Written Decisions)
23 TrialsSome Instituted
Claims Unpatentable(6% of Total Petitions,
11% of Trials Instituted, 16% of
Final Written Decisions)
176Trials Not Instituted
215Trials
Instituted
3 TrialsNo Instituted Claims Unpatentable 1% of Total Petitions 1% of Trials Instituted, 2%
of Final Written Decisions)
391Total
Petitions
Disposition of CBM Petitions Completed to Date*
Narrative:This graph shows a stepping stone visual depicting the outcomes for all CBM petitions filed to-date that have reached a final disposition.
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Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the IPR petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.
Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.
*Data current as of: 9/30/2016
t1
120422
56233
2562613140
3519 Claims Found Patentable by PTAB in Final WrittenDecision
6747 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
2220 Claims Cancelled or Disclaimed by Patent Owner
30607 Claims Challenged but Not Instituted
64189 Claims Not Challenged
IPR Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentable by PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 3672 Petitions
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Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the CBM petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.
Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.
*Data current as of: 9/30/2016
13832
7424
33742031
73 Claims Found Patentable by PTAB in Final WrittenDecision
969 Claims Remaining Patentable (Not Subject toFinal Written Decision)
301 Claims Cancelled or Disclaimed by Patent Owner
4050 Claims Challenged but Not Instituted
6408 Claims Not Challenged
CBM Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentable by PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 391 Petitions
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*Data current as of: 9/30/2016
Narrative:This chart shows claim outcomes for instituted trials, by technology area.
Note: Claims involved in instituted trials that settle or are dismissed are not depicted. Accordingly, a bar may not add up to 100%.
* Includes IPR and CBM trial outcomes
40%
67%
100%
54%
47%
8%
6%
8%
10%
32%
6%
12%
10%
0% 50% 100%
Biotechnology/Pharma (1994 claims)
Chemical (2036 claims)
Design (6 claims)
Electrical/Computer (16600 claims)
Mechanical/Business Methods (8364claims)
Trial Outcomes for Instituted Claims, by Technology
Claims Found Unpatentable by PTAB in Final Written Decision
Claims Cancelled or Disclaimed by Patent Owner
Claims Found Patentable by PTAB in Final Written Decision