USPTO - Trial Statistics IPR, PGR, CBM, Patent Trial and Appeal Board June 2019

The USPTO Trial Statistics IPR, PGR, CBM, Patent Trial and Appeal Board June 2019 gives a quick view of what's happening with validity challenges in the USPTO.

From October 1, 2012 to June 30, 2019:

• 93% petitions were filed for inter partes review (IPR), 5% for covered business methods (CBM), and 2% for post grant review (PGR) 
• Overall institution rates have decreased from 87% to 62%
• Institution rates for all technologies are about 60-70% except design at 40% 
• Technologies lacked granularity (e.g., business methods and mechanical clumped together)
• Electrical engineering & software patents are frequent targets for petitioners 
• Pre-Institution settlements rose from 9% to 18%
• Post-institution settlements fell from 90% to 28%
• Status of Petitions for instituted claims: no claims unpatentable 19%, some claims unpatentable 18%, and all claims unpatentable 63%  

The relative low cost of USPTO Trials compared to seeking declaratory relief in court, and the high institution and invalidity rates explain why defendants file petitions with a request to stay any pending court proceedings.

Copyright © 2019 Robert Moll. All rights reserved.