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

Key Finding: Over time, unpatentability rates for challenges under both Section 102 and Section 103 have trended downward. In 2019, the unpatentability rate for claims challenged under Section 102 was the lowest it has been, at 26.4% of challenged claims, but it raised sharply to 37.7% in the first half of 2020. This may be attributable to the drop in section 102 challenges. Some claims were invalidated under both sections. This analysis excludes claims cancelled by the patent owner. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.