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Patent Trial and Appeal Board
Statistics5/31/2016
2
Narrative:This pie chart shows the total number of cumulative AIA
petitions filed to date broken out by trial type (i.e., IPR,
CBM, and PGR).
*Data current as of: 5/31/2016
453890%
4609%
281%
5026 Total AIA Petitions*
Total IPR Petitions Total CBM Petitions Total PGR Petitions
Cumulative from 09/16/2012
3
*Data current as of: 5/31/2016
Narrative:This bar graph depicts the
number of AIA petitions filed
each fiscal year, with each bar
showing the filings for that fiscal
year by trial type (i.e., IPR, CBM,
and PGR).
FY 2014 FY 2015 FY 2016*
1310
1737
960
177 14978
2 11 15
Number of AIA Petitions Filed by Fiscal Year by Type
IPR CBM PGR
4
Narrative:These line graphs display the number of IPR, CBM, and PGR petitions filed each month and the
total number of all petitions filed each month from the effective date of the AIA trial provisions.
*Data current as of: 5/31/2016
157 150
190
126
176
142
195
116
192
115
180
145 146174
193
123
177
141117
142 144
99
150
118148
135
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
131
184
116
159120
179
102
177
100
164131 139 145
182
117
165136
106131 138
96132
107136
114
0
100
200
300
Number of IPR Petitions Filed by Month*
19
610
1621
1613 15 14 16
137
26
96
95
11 105 3
12 10 1017
05
101520253035404550
Number of CBM Petitions Filed by Month*
0 0 01 1
01
01
01
0
32
0
3
0 01 1
0
6
12
4
0
2
4
6
8
10
Number of PGR Petitions Filed by Month*
150
190
126
176
142
195
116
192
115
180
145 146174
193
123
177
141117
142 144
99
150
118
148135
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
5
Narrative:This pie chart shows the
total number of AIA
petitions filed in the current
fiscal year to date as well as
the number and percentage
of these petitions broken
down by technology.
*Data current as of: 5/31/2016
962
65%
318
21%114
8%
92
6%3
0%
1489 Total AIA Petitions in FY 14*
(Technology Breakdown)
1,193
63%
443
23% 90
5%
167
9%
4
0%
1897 Total AIA Petitions in FY 15*
(Technology Breakdown)
59356%
26425%
575%
12412%
152%
1053 Total AIA Petitions in FY 16* (Technology Breakdown)
Electrical/Computer - TCs 2100, 2400, 2600, 2800
Mechanical/Business Method - TCs 3600, 3700
Chemical - TC 1700
Bio/Pharma - TC 1600
Design - TC 2900
6
Narrative:These three sets of bar graphs show the number of
patent owner preliminary responses filed and
waived/not filed each fiscal year in IPR, CBM, and PGR
proceedings.
*Data current as of: 5/31/2016
FY 2014 FY 2015 FY 2016*
8291,326
843
202
223
159
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
8291,326
843
202
223
159
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
116154
58
18
12
3
CBM - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
0
69
0
1
1
PGR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
7
Narrative:This chart shows the percentage
of petitions instituted of all
decisions on petition, by
technology area.
*Data current as of: 5/31/2016
0% 10% 20% 30% 40% 50% 60% 70% 80%
Biotechnology/Pharma (176 of 288 petitions)
Chemical (177 of 235 petitions)
Design (8 of 13 petitions)
Electrical/Computer (1527 of 2138 petitions)
Mechanical/Business Methods (689 of 952 petitions)
Percent of Petitions Instituted, by Technology
8
Narrative:These three sets of bar graphs show the number of decisions
on institution by fiscal year broken out by trials instituted
(including joinders) and trials denied in IPR, CBM, and PGR
proceedings. A trial that is instituted in part is counted as an
institution in these bar graphs.
*Data current as of: 5/31/2016
FY 2014 FY 2015 FY 2016*
557801
610
15
116
49
193
426300
IPR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
91 91
29
110
6
30 4337
CBM - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
03
7
0 0 2
PGR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
9
Narrative:These three sets of bar graphs show settlements in AIA
trials broken down by settlements that occurred prior to
institution and settlements that occurred after institution
in IPR, CBM, and PGR proceedings.
*Data current as of: 5/31/2016
FY 2014 FY 2015 FY 2016*
106
275
145
104
189
121
IPR - Settlements
Settled Before Institution Settled After Institution
FY 2014 FY 2015 FY 2016*
21
1410
6
32
11
CBM - Settlements
Settled Before Institution Settled After Institution
FY2014 FY 2015 FY 2016*
0
2
00 0 0
PGR - Settlements
Settled Before Institution Settled After Institution
10
Narrative:This graph shows a stepping stone
visual depicting the outcomes for
all IPR petitions filed to-date that
have reached a final disposition.
*Data current as of: 5/31/2016
Disposition of IPR Petitions Completed to Date*
592Terminated
After Institution
Decision:
432Settled
18 Dismissed
142Request for
Adverse
Judgement
931Petitions
Denied
603Terminated
Before Institution
Decision:
546Settled
38Dismissed
19 Request for
Adverse
Judgement
988Trials Completed
(Reached Final
Written Decision)
704 TrialsAll Instituted Claims
Unpatentable (23% of
Total Petitions, 45%
of Trials Instituted,
71% of Final Written
Decisions)
142 TrialsSome Instituted
Claims Unpatentable
(5% of Total Petitions,
9% of Trials
Instituted, 14% of
Final Written
Decisions)
1534
Trials Not
Instituted
1580
Trials
Instituted
142 TrialsNo Instituted Claims
Unpatentable (5% of
Total Petitions, 9% of
Trials Instituted, 14%
of Final Written
Decisions)
3114Total
Petitions
11
*Data current as of: 5/31/2016
70Terminated
After Institution
Decision:
48 Settled
8 Dismissed
13 Request for
Adverse
Judgement
113Petitions
Denied
50Terminated
Before Institution
Decision:
48 Settled
2 Dismissed
0 Request for
Adverse
Judgement
122Trials Completed
(Reached Final
Written Decision)
96 TrialsAll Instituted Claims
Unpatentable (27% of
Total Petitions, 50%
of Trials Instituted,
79% of Final Written
Decisions)
23 TrialsSome Instituted
Claims Unpatentable
(6% of Total Petitions,
12% of Trials
Instituted, 19% of
Final Written
Decisions)
163
Trials Not
Instituted
192
Trials
Instituted
3 TrialsNo Instituted Claims
Unpatentable (1% of
Total Petitions, 2% of
Trials Instituted, 2%
of Final Written
Decisions)
355Total
Petitions
Disposition of CBM Petitions Completed to Date*
Narrative:This graph shows a stepping stone
visual depicting the outcomes for
all CBM petitions filed to-date that
have reached a final disposition.
12
*Data current as of: 5/31/2016
0Terminated
After Institution
Decision:
0 Settled
0 Dismissed
0 Request for
Adverse
Judgement
2Petitions
Denied
2Terminated
Before Institution
Decision:
2 Settled
0 Dismissed
0 Request for
Adverse
Judgement
0Trials Completed
(Reached Final
Written Decision)
0 TrialsAll Instituted Claims
Unpatentable (0% of
Total Petitions, 0% of
Trials Instituted, 0%
of Final Written
Decisions)
0 TrialsSome Instituted
Claims Unpatentable
(0% of Total Petitions,
0% of Trials
Instituted, 0% of Final
Written Decisions)
4
Trials Not
Instituted
0
Trials
Instituted
0 TrialsNo Instituted Claims
Unpatentable (0% of
Total Petitions, 0% of
Trials Instituted, 0%
of Final Written
Decisions)
4Total
Petitions
Disposition of PGR Petitions Completed to Date*
Narrative:This graph shows a stepping stone
visual depicting the outcomes for
all PGR petitions filed to-date that
have reached a final disposition.
13
Narrative:This visual contains four cylinders. The
first cylinder shows the total number of
claims available to be challenged in the
IPR petitions filed. The second cylinder
shows the number of claims actually
challenged and not challenged. The
third cylinder shows the number of
claims on which trial was instituted and
not instituted. The fourth cylinder
shows the total number claims found
unpatentable in a final written decision,
the number of claims canceled or
disclaimed by patent owner after
institution, the number of claims
remaining patentable (not subject to a
final written decision), and the number
of claims found patentable by the
PTAB.
Note: “Completed” petitions include
terminations (before or after a decision
on institution) due to settlement,
request for adverse judgment, or
dismissal; final written decisions; and
decisions denying institution.
*Data current as of: 5/31/2016
102694
47364
2099110597
2322 Claims Found Patentable by PTAB in Final WrittenDecision
6109 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
1963 Claims Cancelled or Disclaimed by Patent Owner
26373 Claims Challenged but Not Instituted
55330 Claims Not Challenged
IPR Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentable by PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 3114 Petitions
14
Narrative:This visual contains four cylinders. The
first cylinder shows the total number of
claims available to be challenged in the
CBM petitions filed. The second
cylinder shows the number of claims
actually challenged and not challenged.
The third cylinder shows the number of
claims on which trial was instituted and
not instituted. The fourth cylinder
shows the total number claims found
unpatentable in a final written decision,
the number of claims canceled or
disclaimed by patent owner after
institution, the number of claims
remaining patentable (not subject to a
final written decision), and the number
of claims found patentable by the
PTAB.
Note: “Completed” petitions include
terminations (before or after a decision
on institution) due to settlement,
request for adverse judgment, or
dismissal; final written decisions; and
decisions denying institution.
*Data current as of: 5/31/2016
12659
6893
32051871
73 Claims Found Patentable by PTAB in Final WrittenDecision
960 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
301 Claims Cancelled or Disclaimed by Patent Owner
3688 Claims Challenged but Not Instituted
5766 Claims Not Challenged
CBM Petitions Terminated to Date*
Claims Challenged
Claims Instituted
Claims Found Unpatentable by PTAB in Final Written Decision
Total Number of Claims Available to be Challenged within 355 Petitions
15
*Data current as of: 5/31/2016
Narrative:This chart shows claim outcomes
for instituted trials, by technology
area.
Note: Claims involved in instituted
trials that settle or are dismissed are
not depicted. Accordingly, a bar
may not add up to 100%.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Biotechnology/Pharma (1301 claims)
Chemical (1850 claims)
Design (5 claims)
Electrical/Computer (13954 claims)
Mechanical/Business Methods (7086 claims)
Trial Outcomes for Instituted Claims, by Technology
Claims Found Unpatentable by PTAB in Final Written Decision
Claims Cancelled or Disclaimed by Patent Owner
Claims Found Patentable by PTAB in Final Written Decision
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