TTAB Incoming Filings and Performance Measures for Decisions

FISCAL YEAR 2016

United States Patent and Trademark Office

Trademark Trial and Appeal Board

 

Type of Filing

 

 FY14

(% +/-  FY13)

FY15

(% +/- FY14)

1st Qtr

FY16

2nd Qtr

FY16

Mid-Year

(% +/- FY15)*

Appeals

 

2,794

(+4%)

2,992

(+7%)

800

818

1,618

(+8.2%)

Extensions of time to oppose

17,285

(+2%)

17,132

(-1%)

4,367

4,786

9,153

(+6.9%)

Oppositions

 

5,509

(+4.4%)

5,290

(-4%)

1,397

1,473

2,870

(+8.5%)

Cancellations

1,722

(+13.8%)

1,763

(+2.3%)

458

446

904

(+2.6%)

* Variance from one-half of FY15 numbers

 

Final Decisions on Merits (Appeals and Trial Cases)

 FY14

(% +/-  FY13)

FY15

(% +/- FY14)   

1st Qtr

FY16

2nd Qtr

FY16             

Mid-Year

(% +/- FY15)**

Maturing to RFD (Ready for Decision)

 

(appeals/trials)

583

(+5.2%)

(456/127)

617

(+5.8%)

(479/138)

171

 

(122/49)

159

 

(134/25)

330

(+7%)

(256/74)

Cases Decided

 

(appeals/trials)

537

(-20.6%)

(405/132)

562

(+4.7%)

(439/123)

127

 

(101/26)

145

 

(106/39)

272

(-3.2%)

(207/65)

Average Pendency of Appeals, RFD to mailing*

9.3 weeks#

 

9.3 weeks

(no change)

8.1 weeks

9.9 weeks

9 weeks

(-3.2%)

Average Pendency of Trials, RFD to mailing*

9.1 weeks#

11.2 weeks

(+23%)

11.1 weeks

14.2 weeks

12.9 weeks

(+15.2%)

Awaiting Decision at end of Period

 

(appeals/trials)

105

(+19.3%)

(81/24)

112

(+6.7%)

(81/31)

148

 

(95/53)

157

 

(118/39)

157

(+40.2%)

(118/39)

* Pendency figures exclude precedential decisions.

# Decreases in full-year pendency measures in FY14 are certain, though were not calculable because separate appeal and trial measures were not reported for FY13.

** Variance for cases maturing to RFD and cases decided compared to half of FY15 totals; variance of inventory compared to inventory at end of FY15.

 

Commencement to completion processing times

FY14

(% +/- FY13)           

FY15

(% +/- FY14)              

1st Qtr

FY16            

2nd Qtr

FY16                  

Mid-Year

(% +/- FY15)*               

Appeals - Average Total Pendency*

43.8 weeks#

(-12%)

42.7 weeks

(-2.5%)

43.6 weeks+

40.8 weeks@

41.6 weeks+@

(-2.6%)

Appeals - Median Total Pendency*

36 weeks#

(-18.2%)

35 weeks

(-2.8%)

35 weeks+

35 weeks@

35.5 weeks+@

(+1.4%)

Trial Cases - Average Total Pendency*

165.2 weeks^

(-12.8%)

161.2 weeks$

(-2.4%)

148.5 weeks

170.3 weeks@

160.7 weeks@

(-.3%)

Trial Cases - Median Total Pendency*

142 weeks^

(-13.9%)

142 weeks$

(No change)

115 weeks

165 weeks@

126.6 weeks@

(-10.8%)

ACR Trial Cases - Average Total Pendency*

 

# ACR Cases Decided:

136.3 weeks

 

21 cases

138.6 weeks

(+1.7%)

10 cases

106.8 weeks

 

6 cases

143.4 weeks

 

 5 cases

123.5 weeks

(-10.9%)

 11 cases

* Pendency figures exclude precedential decisions.

# FY14 Full Year – Two anomalous companion appeals with lengthy remands excluded.

^ FY14 Full Year – Two trial cases with lengthy suspensions for civil actions excluded.

$ FY15 3rdQtr and YTD – Three trial cases with 4+ years of settlement talks excluded.

+ FY16 Q1 – Two anomalous appeals with lengthy remands excluded.

@ FY16 Q2 – Eight appeals (five consolidated) with lengthy suspensions or remands excluded;

                       Two companion trial cases suspended by parties for three years excluded

 

Contested Motions

FY14

(% +/- FY13)

FY15

(% +/- FY14)

1st Qtr

FY16

2nd Qtr

FY16        

Mid-Year

(% +/- FY15)**      

No. Decisions Issued*

 

974

(+17.5%)

951

(-2.4%)

236

253

494

(+3.8%)

No. Motions Resolved by Issued Decisions*

1358

(+16.4%)

1297

(-4.5%)

319

341

666

(+2.6%)

Average Pendency, from Ready for Decision to Issuance

9 weeks

(-32.3%)

9.8 weeks

(+8.8%)

8.5 weeks

8.4 weeks

8.4 weeks

(-14%)

No. Cases with Motions Awaiting Decision at end of Period

135

(+3.8%)

159

(+17.8%)

140

150

150

(-5.7%)

* Quarterly and Year to Date tallies of Decisions Issued or Motions Resolved are subject to revision as records are updated and finalized during the year; and they may vary slightly from previously reported tallies.

** Variance for decisions issued and motions resolved compared to half of FY15 totals; variance of inventory compared to inventory at end of FY15.