Patent Trial and Appeal Board Statistics - United States ... PTAB.pdf · 3 *Data current as of:...
Transcript of Patent Trial and Appeal Board Statistics - United States ... PTAB.pdf · 3 *Data current as of:...
Patent Trial and Appeal Board
Statistics6/30/2016
2
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: 6/30/2016
470490%
4699%
291%
5202 Total AIA Petitions*
Total IPR Petitions Total CBM Petitions Total PGR Petitions
Cumulative from 09/16/2012
3
*Data current as of: 6/30/2016
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).
FY 2014 FY 2015 FY 2016*
1310
1737
1126
177 14987
2 11 16
Number of AIA Petitions Filed by Fiscal Year by Type
IPR CBM PGR
4
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: 6/30/2016
157 150
190
126
176
142
195
116
192
115
180
145 146174
193
123
177
141117
142 144
99
150
118148
135
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
184
116
159120
179
102
177
100
164131 139 145
182
117
165136
106131 138
96132
107136
114
166
0
100
200
300
Number of IPR Petitions Filed by Month*
610
1621
1613 15 14 16
137
26
96
95
11 105 3
12 10 1017
9
05
101520253035404550
Number of CBM Petitions Filed by Month*
0 01 1
01
01
01
0
32
0
3
0 01 1
0
6
12
4
1
0
2
4
6
8
10
Number of PGR Petitions Filed by Month*190
126
176
142
195
116
192
115
180
145 146174
193
123
177
141117
142 144
99
150
118
148135
176
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
5
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 percentage
of these petitions broken
down by technology.
*Data current as of: 6/30/2016
962
65%
318
21%114
8%
92
6%3
0%
1489 Total AIA Petitions in FY 14*
(Technology Breakdown)
1,193
63%
443
23% 90
5%
167
9%
4
0%
1897 Total AIA Petitions in FY 15*
(Technology Breakdown)
68456%
29724%
746%
15913%
151%
1229 Total AIA Petitions in FY 16* (Technology Breakdown)
Electrical/Computer - TCs 2100, 2400, 2600, 2800
Mechanical/Business Method - TCs 3600, 3700
Chemical - TC 1700
Bio/Pharma - TC 1600
Design - TC 2900
6
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: 6/30/2016
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 Filed
FY 2014 FY 2015 FY 2016*
8291,326
946
202
223
181
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
116154
66
18
12
3
CBM - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
0
6
12
0
1
1
PGR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
7
Narrative:This chart shows the percentage
of petitions instituted of all
decisions on petition, by
technology area.
*Data current as of: 6/30/2016
54% 56% 58% 60% 62% 64% 66% 68% 70% 72% 74%
Biotechnology/Pharma (191 of 307 petitions)
Chemical (181 of 248 petitions)
Design (8 of 13 petitions)
Electrical/Computer (1573 of 2208 petitions)
Mechanical/Business Methods (713 of 988 petitions)
Percent of Petitions Instituted, by Technology
8
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: 6/30/2016
FY 2014 FY 2015 FY 2016*
557801
687
15
11657
193
426347
IPR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
91 91
32
110
6
30 43 39
CBM - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
03
8
0 0 2
PGR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
9
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: 6/30/2016
FY 2014 FY 2015 FY 2016*
106
275
182
104
189
147
IPR - Settlements
Settled Before Institution Settled After Institution
FY 2014 FY 2015 FY 2016*
21
1410
6
32
11
CBM - Settlements
Settled Before Institution Settled After Institution
FY2014 FY 2015 FY 2016*
0
2
00 0
1
PGR - Settlements
Settled Before Institution Settled After Institution
10
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: 6/30/2016
Disposition of IPR Petitions Completed to Date*
628Terminated
After Institution
Decision:
458Settled
19 Dismissed
151Request for
Adverse
Judgement
978Petitions
Denied
643Terminated
Before Institution
Decision:
583Settled
40Dismissed
20 Request for
Adverse
Judgement
1046Trials Completed
(Reached Final
Written Decision)
736 TrialsAll Instituted Claims
Unpatentable (22% of
Total Petitions, 44%
of Trials Instituted,
70% of Final Written
Decisions)
160 TrialsSome Instituted
Claims Unpatentable
(5% of Total Petitions,
10% of Trials
Instituted, 15% of
Final Written
Decisions)
1621
Trials Not
Instituted
1674
Trials
Instituted
150 TrialsNo Instituted Claims
Unpatentable (5% of
Total Petitions, 9% of
Trials Instituted, 14%
of Final Written
Decisions)
3295Total
Petitions
11
*Data current as of: 6/30/2016
70Terminated
After Institution
Decision:
49 Settled
8 Dismissed
13 Request for
Adverse
Judgement
115Petitions
Denied
50Terminated
Before Institution
Decision:
48 Settled
2 Dismissed
0 Request for
Adverse
Judgement
128Trials Completed
(Reached Final
Written Decision)
102 TrialsAll Instituted Claims
Unpatentable (28% of
Total Petitions, 52%
of Trials Instituted,
80% of Final Written
Decisions)
23 TrialsSome Instituted
Claims Unpatentable
(6% of Total Petitions,
12% of Trials
Instituted, 18% of
Final Written
Decisions)
165
Trials Not
Instituted
198
Trials
Instituted
3 TrialsNo Instituted Claims
Unpatentable 1% of
Total Petitions 2% of
Trials Instituted, 2%
of Final Written
Decisions)
363Total
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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*Data current as of: 6/30/2016
1Terminated
After Institution
Decision:
1 Settled
0 Dismissed
0 Request for
Adverse
Judgement
2Petitions
Denied
2Terminated
Before Institution
Decision:
2 Settled
0 Dismissed
0 Request for
Adverse
Judgement
2Trials Completed
(Reached Final
Written Decision)
2 TrialsAll Instituted Claims
Unpatentable 29% of
Total Petitions, 67%
of Trials Instituted,
100% of Final Written
Decisions)
0 TrialsSome Instituted
Claims Unpatentable
(0% of Total Petitions,
0% of Trials
Instituted, 0% of Final
Written Decisions)
4
Trials Not
Instituted
3
Trials
Instituted
0 TrialsNo Instituted Claims
Unpatentable (0% of
Total Petitions, 0% of
Trials Instituted, 0%
of Final Written
Decisions)
4Total
Petitions
Disposition of PGR Petitions Completed to Date*
Narrative:This graph shows a stepping stone
visual depicting the outcomes for
all PGR petitions filed to-date that
have reached a final disposition.
13
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: 6/30/2016
108725
49959
2209811237
2543 Claims Found Patentable by PTAB in Final WrittenDecision
6265 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
2053 Claims Cancelled or Disclaimed by Patent Owner
27861 Claims Challenged but Not Instituted
58766 Claims Not Challenged
IPR Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentableby PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 3114 Petitions
14
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: 6/30/2016
13045
7002
32441910
73 Claims Found Patentable by PTAB in Final WrittenDecision
960 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
301 Claims Cancelled or Disclaimed by Patent Owner
3758 Claims Challenged but Not Instituted
6043 Claims Not Challenged
CBM Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentableby PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 355 Petitions
15
*Data current as of: 6/30/2016
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%.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Biotechnology/Pharma (1356 claims)
Chemical (1912 claims)
Design (6 claims)
Electrical/Computer (14667 claims)
Mechanical/Business Methods (7455 claims)
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