JUST THE STATS:
IPR: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS CHALLENGED BY YEAR

Key Finding: This chart presents the percentage of claims found unpatentable under Sections 102 and 103, out of the out of the total claims challenged under each section, on a year-by-year basis. The analysis includes final decisions through the year listed and decisions not to institute through the prior year, as the decisions typically issue about a year apart. Some claims were invalidated under both grounds. This analysis excludes claims cancelled by the patent owner. Over time, unpatentability rates for challenges under both sections have trended downward. In 2018, the unpatentability rate for claims challenged under Section 102 was the lowest it has been, at 27.9% of challenged claims.