Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board September 2017
IPR6,95592%
CBM5247%
PGR781%
7,557 Total
3
Petitions by Trial Type (All Time: 9/16/12 to 9/30/17)
Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).
Electrical/Computer1,12259%
Mechanical & Business Method
41722%
Chemical1277%
Bio/Pharma22111%
Design141%
1,901 Total
4
Petitions Filed by Technology in FY17(FY17: 10/1/16 to 9/30/17)
10
1 0 00
5
10
Sep-16 Sep-17CBM
(48 CBMs in FY17)
0
72
4 4
0
5
10
Sep-16 Sep-17PGR
(41 PGRs in FY17)
237
116135
119 124
100125150175200225250
Sep-16 Sep-17
IPR
(1,812 IPRs in FY17)
5
Petitions Filed by Month (September 2017 and Previous 12 Months: 9/1/16 to 9/30/17)
NTE
NTE
NTENTE NTE
86% 81%86% 88%
64%71%
85% 84% 83% 87%
49%63%
35% 37% 37%
Pre Post Pre Post Pre Post Pre Post Pre Post
Bio/Pharma Chemical Design Electrical/Computer Mechanical &Business Method
6
Preliminary Response Filing RatesPre- and Post-Rule To Allow New Testimonial Evidence (NTE)(All Time: 9/16/12 to 9/30/17)
The rule to allow new testimonial evidence was effective May 2, 2016.
191
664
1,012 1,011 955
29223
469 496 557
87%
75%68% 67% 63%
0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY13 FY14 FY15 FY16
Instituted Denied
7
FY17
Institution Rates(FY13 to FY17: 10/1/12 to 9/30/17)
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.
70% (982 of 1,407)
69% (2,256 of 3,270)
40% (16 of 40)
68% (252 of 370)
63% (327 of 520)
Mechanical &Business Method
Electrical/Computer
Design
Chemical
Bio/Pharma
8
Institution Rates by Technology(All Time: 9/16/12 to 9/30/17)
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
9%
12%
16%
14% 14%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
FY13 FY14 FY15 FY16 FY17
9
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 FY17: 10/1/12 to 9/30/17)
18
110
212 194 187
90%
40%29% 22% 22%
-75%
-55%
-35%
-15%
5%
25%
45%
65%
85%
FY13 FY14 FY15 FY16 FY17
10
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.
Settlements
Settlement Rate
Post-Institution Settlements(FY13 to FY17: 10/1/12 to 9/30/17)
7,557
3,850
1,771
918932 71 29
1,757 354725
721 38 241
All Claims: 1,153 (65%)Some Claims: 287 (16%)
No Claim: 331 (19%)
Peti
tion
s
Ope
n Pr
e-In
stit
utio
n
Sett
led
Dis
mis
sed
Req.
Adv
.Ju
dgm
ent
Den
ied
Inst
itut
ed
Join
ed
Ope
n Po
st-
Inst
itut
ion
Sett
led
Dis
mis
sed
Req.
Adv
.Ju
dgm
ent
Fina
l Wri
t.D
ecis
ions
Instituted Claims Unpatentable
11
Status of Petitions(All Time: 9/16/12 to 9/30/17)
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.
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