JUST THE STATS:
IPR: DECISIONS ON REQUESTS TO AMEND THE CLAIMS

Key Finding: This chart presents the number of times a motion to amend the claims was granted compared to the total number of motions made. A common complaint of patent owners has been that the PTAB has granted motions to amend claims sparingly. More recently, the news has been better for patent owners. Our 2017 analysis showed a success rate of 6.1%, which has risen to 8.8% with the addition of the 2018 data. Looking at just the 2018 statistics, the success rate topped 17%. Factors potentially leading to this jump include the PTAB’s new rules for motions to amend and the Federal Circuit’s decision in Aqua Products, which put the burden of proving unpatentability of amended claims on the petitioner.