Patent Trial and Appeal Board (PTAB) performance benchmarks for dispositions, pendency, inventory, and other tracking measures.
PTAB has released a new statistics format for AIA trials. In FY21, we moved the outcome statistics into a new quarterly “Outcome Roundup” format. The new format includes outcome information on a by-petition, by-patent, and by-claim basis. We will continue publishing non-outcome trial statistics on a monthly basis. We also provide end-of-year outcome statistics for fiscal years 2019 and 2020 for AIA trials.
Appeal and interference statistics
Current fiscal year (FY) statistics to date:
- October 2021
- November 2021
- FY22 Q1 Outcome Roundup (December 2021)
- January 2022
- February 2022
- FY22 Q2 Outcome Roundup (March 2022)
- April 2022
- May 2022
- FY22 Q3 Outcome Roundup (June 2022)
Prior fiscal year statistics:
Fiscal Year 2022
- PTAB Parallel Litigation Study (June 2022) – a report on the impact of PTAB discretionary denials of AIA petitions when there is a parallel district court proceeding addressing the same patent.
- PTAB Parallel Litigation Study Appendix (June 2022)
- PTAB Executive Summary of Parallel Litigation Study (June 2022)
Fiscal Year 2021
- Orange Book/biologics study update through June 2021
(Aug. 2021) – an updated report on AIA trials involving petitions challenging Orange Book-listed patents and biologic patents. Study methodology for identifying Orange book-listed and biologic patents is provided in the Fiscal Year 2019 Orange Book/biologics study posted below. Study methodology used to create the statistics are provided in this presentation.
- Multiple Petitions Study (updated December 2020): a report on multiple petitions filed in AIA proceedings, including serial and parallel petitions
Fiscal Year 2020
- Motion to Amend Study, Installment 6 through March 31, 2020 (updated July 2020) – a report on the outcomes of pre-pilot motions to amend in AIA trials and some limited data for motions to amend filed under the Office’s pilot program
- Data for 504 completed trials with a pre-pilot MTA (July 2020) – a report on the data for the 504 completed trials with a pre-pilot MTA
- Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions.
Fiscal Year 2019
- Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. The report also includes a study on district court pharmaceutical litigation. Below are the individual data files in .csv format for the Orange Book/biologics study and the data dictionaries, which provides names, definitions, and attributes for the data in the files, in .pdf:
- Orange Book petitions (csv, pdf)
- Biologic petitions (csv, pdf)
- Litigation data for patents (csv, pdf)
- Litigation data for petitions (csv, pdf)
- Parallel proceedings study (April 2019) - a report on interaction between parallel proceedings at the USPTO (e.g., AIA proceedings, reexam, and re-issue) involving issued patents
Fiscal Year 2018
- Expanded panels study (March 2018) - a report on panel expansion in AIA trials
- Orange Book-listed patent study (March 2018) - a report on FDA-approved drug patents challenged in AIA trials
- Multiple petition study (October 2017) - a report on multiple petitions filed in AIA proceedings
Email questions about PTAB statistics to PTAB Statistics Questions.