JUST THE STATS:
PGR: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS CHALLENGED

Key Finding: This chart presents the success rates, on a claim-by-claim basis, for challenges under Sections 101, 102, 103, and 112 for all PGR petitions that either reached a final written decision, or were denied institution for substantive reasons. The analysis included decisions not to institute through 2017, and final decisions through 2018, due to the temporal relationship between these types of decisions. While the sample size remains low, the numbers indicate that challenges under Section 101 are the most successful. For the remaining bases for challenge, the rates of unpatentability lag those of IPR and CBM proceedings. Of note, unlike CBM proceedings, which also allow for Section 101 challenges, but are limited to business method patents, the top targets for PGR petitions in the cases analyzed were pharmaceutical patents, followed by chemical patents.