JUST THE STATS:
IPR: PERCENTAGE OF CHALLENGED CLAIMS FOUND UNPATENTABLE OR CANCELLED IN FINAL DECISIONS

Key Finding: Analyzing originally challenged claims that reached final written decisions or were denied institution on substantive grounds, the data show a drop in unpatentability findings over the years, with a leveling off in 2017-2019 and a slight increase in the first half of 2020. The trend over time may stem from adjustments by the PTAB, the quality of patents challenged by petitioners, the quality of petitions/defenses, or some combination thereof. The listed periods are for final written decisions. The analyzed decisions not to institute are from one year earlier. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.