Statistics

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.

Special reports

 Fiscal Year 2023

•  Motion to Amend Study, Installment 8 through March 31, 2023 (updated August 2023) – 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 completed trials with a pre-pilot MTA through March 31, 2023 (August 2023) – a report on the data for the completed trials with a pre-pilot MTA

• PTAB Multiple Petitions Study FY2021-2022 Update (July 2023) – a report on multiple petitions filed in AIA proceedings, including serial and parallel petitions

  • PTAB Multiple Petitions Study Appendix (July 2023)
     

  • PTAB Executive Summary of PTAB Multiple Petitions Study (July 2023)

• Orange Book/biologics study update through March 2023 (updated June 2023) – a 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 2021 Orange Book/biologics study posted below. Study methodology used to create the statistics are provided in this presentation.

  • Orange Book petitions (csv (all), csv (status))   

  • Orange Book patents (csv)   

  • Biologic petitions (csv (all), csv (status))  

  • Biologic patents (csv)

  • Data dictionary (pdf)

Fiscal Year 2022

• Motion to Amend Study, Installment 7 through March 31, 2022 (updated September 2022) – 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 155 completed trials with a pre-pilot MTA (September 2020) – a report on the data for the 155 completed trials with a pre-pilot MTA

• 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 (updated August 2021) – a 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.

  • Orange Book petitions (csv (all), csv (status))   

  • Orange Book patents (csv)   

  • Biologic petitions (csv (all), csv (status))  

  • Biologic patents (csv)

  • Data dictionary (pdf)

• 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.

Contact

Email questions about PTAB statistics to PTAB Statistics Questions.