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

Key Finding: While the sample size remains small, 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 patents on games (e.g., video games), followed by pharmaceutical patents. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.