JUST THE STATS:
IPR: PERCENTAGE OF CLAIMS CHALLENGED UNDER 102 AND 103 BY YEAR

Key Finding: The percentage of claims challenged under Section 102 has declined over time, while the percentage challenged under Section 103 has increased, with approximately 90% of claims now facing Section 103 challenges. This trend is likely because data have continually shown that Section 103 challenges provide a better chance of success. Of note, the increase in the percentage of Section 103 challenges has coincided with a drop in the success rates. This year, the drop in Section 102 challenges has been accompanied by an increase in the rate of success. The percentages shown do not equal 100% because many claims are challenged under both sections. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.