JUST THE STATS:
PGR: SURVIVAL RATE OF CHALLENGED CLAIMS

Key Finding: Unlike IPR and CBM proceedings, PGR proceedings can only be initiated for patents having a claim with an effective filing date that is on or after March 16, 2013. The overall percentage of claims cancelled or found unpatentable has been increasing over time, from 38% at the end of 2017, to 50.1% at the end of 2018, and to 53.5% at the end of 2019. In 2019 alone, the rate of unpatentability was 58%, and in the first half of 2020 it was 63%. However, the variance derives in part from the small sample sizes (186 new claims in 2018 and only 339 claims from inception through the end of 2017). There were much larger sample sizes in 2019 and 2020 compared to past years (407 claims in 2019 and 334 claims in the first half of 2020), but the overall sample size still remains small. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.