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

Key Finding: This chart presents the rate at which each type of challenge (Sections 102 or 103) was asserted in challenges to the claims. The analysis looks at challenges corresponding to final decisions through the year listed and decisions not to institute through the prior year, as the decisions typically issue about a year apart (to avoid improper skewing toward the outcomes of decisions not to institute). Adding the percentages shown does not equal 100% because many claims are challenged under both sections. As can be seen, the percentage of claims challenged under Section 102 has declined over time, while the percentage challenged under Section 103 has increased, with over 90% of claims now facing Section 103 challenges. This trend may be due to the reports over the years, such as this one, that Section 103 challenges provide a better chance of success. Of note, while the increase in the percentage of Section 103 challenges has coincided with a drop in the success rates, Section 102 challenges have seen a reduction in both of usage and rate of success.