patent trial and appeal board statistics · 2 narrative: this pie chart shows the total number of...

Patent Trial and Appeal BoardStatistics10/31/2016

2

Narrative:This pie chart shows the total number of cumulative AIA petitions filed to date broken out by trial type (i.e., IPR, CBM, and PGR).

*Data current as of: 10/31/2016

529291%

4818%

381%

5811 Total AIA Petitions*

Total IPR Petitions Total CBM Petitions

Total PGR Petitions

Cumulative from 09/16/2012

3


Narrative:This bar graph depicts the number of AIA petitions filed each fiscal year, with each bar showing the filings for that fiscal year by trial type (i.e., IPR, CBM, and PGR).

FY 15 FY 16 FY 17*

1737

1565

149149 94511 24 1

Number of AIA Petitions Filed by Fiscal Year by TypeIPR CBM PGR

4

Narrative:These line graphs display the number of IPR, CBM, and PGR petitions filed each month and the total number of all petitions filed each month from the effective date of the AIA trial provisions.


179

102

177

100

164131 139 145

182

117165

136106

131 13896

132107

136114

166 155 136 148 149

0

100

200

300

Number of IPR Petitions Filed by Month*

16 13 15 14 16 137

26

9 6 95

11 105 3

12 10 1017

91 4 2 5

05

101520253035404550

Number of CBM Petitions Filed by Month*

01

01

01

0

32

0

3

0 01 1

0

6

12

4

1 1

34

1

0

2

4

6

8

10

Number of PGR Petitions Filed by Month*195

116

192

115

180145 146

174193

123

177141

117142 144

99

150118

148 135

176157 143 154 155

0

40

80

120

160

200

240

Number of TOTAL Petitions Filed by Month*

5

Narrative:This pie chart shows the total number of AIA petitions filed in the current fiscal year to date as well as the number and percentageof these petitions broken down by technology.


1,19363%

44323% 90

5%

1679%

40%

1897 Total AIA Petitions in FY 15* (Technology Breakdown)

93555%

40524%

1157%

21213%

161%


8353%

4328%

96%

1610%

43%


Electrical/Computer - TCs 2100, 2400, 2600, 2800Mechanical/Business Method - TCs 3600, 3700Chemical - TC 1700Bio/Pharma - TC 1600Design - TC 2900

6

Narrative:These three sets of bar graphs show the number of patent owner preliminary responses filed and waived/not filed each fiscal year in IPR, CBM, and PGR proceedings.


FY 15 FY 16 FY 17*

1,326 1,238

125

223 239

6

IPR - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

FY 15 FY 16 FY 17

15494

0

12

11

0

CBM - Number of Patent Owner Preliminary Responses by Fiscal Year


FY 15 FY 16 FY 17

6

19

0

1

1

0

PGR - Number of Patent Owner Preliminary Responses by Fiscal Year


7

Narrative:This chart shows the percentage of petitions instituted of all decisions on petition, by technology area.


62%

72%

43%

71%

73%

0% 10% 20% 30% 40% 50% 60% 70% 80%

Biotechnology/Pharma (229 of 371 petitions)

Chemical (194 of 270 petitions)

Design (10 of 23 petitions)

Electrical/Computer (1737 of 2439 petitions)

Mechanical/Business Methods (789 of 1080 petitions)

Percent of Petitions Instituted, by Technology

8

Narrative:These three sets of bar graphs show the number of decisions on institution by fiscal year broken out by trials instituted (including joinders) and trials denied in IPR, CBM, and PGR proceedings. A trial that is instituted in part is counted as an institution in these bar graphs.


FY 15 FY 16 FY 17*

801 871

49

11677

16426 44416

IPR - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders Denials

FY 15 FY 16 FY 17*

3

11

000

71

PGR - Number of Decisions On Institution Per Fiscal Year by Outcome


FY 15 FY 16 FY 17*

9151

2

10

6

043 45 4

CBM - Number of Decisions On Institution Per Fiscal Year by Outcome


9

Narrative:These three sets of bar graphs show settlements in AIA trials broken down by settlements that occurred prior to institution and settlements that occurred after institution in IPR, CBM, and PGR proceedings.


FY 15 FY 16 FY 17*

275229

10

189 184

15

IPR - Settlements

Settled Before Institution Settled After Institution

FY 15 FY 16 FY 17*

2

0 00

1 1

PGR - Settlements


FY 15 FY 16 FY 17*

14 138

32

13

1

CBM - Settlements


10

Narrative:This graph shows a stepping stone visual depicting the outcomes for all IPR petitions filed to-date that have reached a final disposition.


Disposition of IPR Petitions Completed to Date*

710Terminated

After Institution Decision:

510 Settled19 Dismissed

181 Request for Adverse

Judgement

1091Petitions Denied

708Terminated

Before Institution Decision:



Judgement

1261Trials Completed(Reached Final

Written Decision)

859 TrialsAll Instituted Claims

Unpatentable (23% of Total Petitions, 44%of Trials Instituted,

68% of Final Written Decisions)

199 TrialsSome Instituted

Claims Unpatentable(5% of Total Petitions,

10% of Trials Instituted, 16% of

Final Written Decisions)

1799Trials Not Instituted

1971Trials

Instituted

203 TrialsNo Instituted Claims Unpatentable (5% of Total Petitions, 10%of Trials Instituted,


3770Total

Petitions

11*Data current as of: 10/31/2016

73Terminated

After Institution Decision:



Judgement

125Petitions Denied

63Terminated

Before Institution Decision:



Judgement

145Trials Completed(Reached Final

Written Decision)

118 TrialsAll Instituted Claims

Unpatentable (29% of Total Petitions, 54%of Trials Instituted,


23 TrialsSome Instituted

Claims Unpatentable(6% of Total Petitions,

11% of Trials Instituted, 16% of

Final Written Decisions)

188Trials Not Instituted

218Trials

Instituted

4 TrialsNo Instituted Claims Unpatentable 1% of Total Petitions 2% of Trials Instituted, 3%

of Final Written Decisions)

406Total

Petitions

Disposition of CBM Petitions Completed to Date*

Narrative:This graph shows a stepping stone visual depicting the outcomes for all CBM petitions filed to-date that have reached a final disposition.

12

Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the IPR petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.

Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.


t1

124238

57781

2675213801

3747 Claims Found Patentable by PTAB in Final WrittenDecision

6925 Claims Remaining Patentable (Not Subject toFinal Written Decision)

2279 Claims Cancelled or Disclaimed by Patent Owner

31029 Claims Challenged but Not Instituted

66457 Claims Not Challenged

IPR Petitions Terminated to Date*

Claims Challenged

Claims Instituted

Claims Found Unpatentableby PTAB in Final Written Decision

Total Number of Claims Available to be Challenged within 3770 Petitions

13

Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the CBM petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.

Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.


14905

7929

34442054

107 Claims Found Patentable by PTAB in Final WrittenDecision

981 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

302 Claims Cancelled or Disclaimed by Patent Owner

4485 Claims Challenged but Not Instituted

6976 Claims Not Challenged

CBM Petitions Terminated to Date*

Claims Challenged

Claims Instituted

Claims Found Unpatentable by PTAB in Final Written Decision

Total Number of Claims Available to be Challenged within 406 Petitions

14


Narrative:This chart shows claim outcomes for instituted trials, by technology area.

Note: Claims involved in instituted trials that settle or are dismissed are not depicted. Accordingly, a bar may not add up to 100%.

* Includes IPR and CBM trial outcomes

39%

68%

100%

55%

48%

8%

5%

0%

8%

10%

34%

6%

0

13%

10%

0% 20% 40% 60% 80% 100%

Biotechnology/Pharma (2191 claims)

Chemical (2195 claims)

Design (6 claims)

Electrical/Computer (17074 claims)

Mechanical/Business Methods (8730claims)

Trial Outcomes for Instituted Claims, by Technology

Claims Found Unpatentable by PTAB in Final Written Decision

Claims Cancelled or Disclaimed by Patent Owner

Claims Found Patentable by PTAB in Final Written Decision

patent trial and appeal board statistics · 2 narrative: this pie chart shows the total number of...

Documents