Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016...
Transcript of Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016...
![Page 1: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/1.jpg)
Patent Trial and Appeal Board
Statistics3/31/2016
![Page 2: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/2.jpg)
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: 3/31/2016
4288
90%433
9%
22
1%
4743 Total AIA Petitions*
Total IPR Petitions Total CBM Petitions Total PGR Petitions
Cumulative from 09/16/2012
![Page 3: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/3.jpg)
3
*Data current as of: 3/31/2016
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
710
177 14951
2 11 9
Number of AIA Petitions Filed by Fiscal Year by Type
IPR CBM PGR
![Page 4: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/4.jpg)
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: 3/31/2016
76
143131
184
116
159120
179
102
177
100
164131139145
182
117
165136
106131138
96132
107
0
100
200
300
Number of IPR Petitions Filed by Month*
22
1419
610
1621
1613 15 14 16
137
26
96
95
11 105 3
12 10
05
101520253035404550
Number of CBM Petitions Filed by Month*
0 0 0 0 01 1
01
01
01
0
32
0
3
0 01 1
0
6
1
0
2
4
6
8
10
Number of PGR Petitions Filed by Month*
98
157150
190
126
176
142
195
116
192
115
180
145146174
193
123
177
141117
142144
99
150
118
0
40
80
120
160
200
240
Number of TOTAL Petitions Filed by Month*
![Page 5: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/5.jpg)
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: 3/31/2016
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)
415
54%
205
26%44
6%
100
13%
6
1%
770 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
![Page 6: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/6.jpg)
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: 3/31/2016
FY 2014 FY 2015 FY 2016*
8291,326
663
202
223
122
IPR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
116154
45
18
12
2
CBM - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
FY 2014 FY 2015 FY 2016*
6 6
0
1 1
PGR - Number of Patent Owner Preliminary Responses by Fiscal Year
Filed Waived/Not Filed
![Page 7: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/7.jpg)
7
Narrative:This chart shows the percentage
of petitions instituted of all
decisions on petition, by
technology area.
*Data current as of: 3/31/2016
0% 10% 20% 30% 40% 50% 60% 70% 80%
Biotechnology/Pharma (160 of 261
petitions)
Chemical (167 of 222 petitions)
Design (7 of 12 petitions)
Electrical/Computer (1451 of 2019
petitions)
Mechanical/Business Methods (644 of
891 petitions)
Percent of Petitions Instituted by
Technology
![Page 8: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/8.jpg)
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: 3/31/2016
FY 2014 FY 2015 FY 2016*
557801
480
15
116
44
193
426
236
IPR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
91 91
22
1 10
23043
30
CBM - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
FY 2014 FY 2015 FY 2016*
03
7
0 01
PGR - Number of Decisions On Institution Per Fiscal Year by Outcome
Instituted Joinders Denials
![Page 9: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/9.jpg)
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: 3/31/2016
FY2014 FY 2015 FY 2016*
0
2
00 0 0
PGR - Settlements
Settled Before Institution Settled After Institution
FY 2014 FY 2015 FY 2016*
106
275
105104
189
89
IPR - Settlements
Settled Before Institution Settled After Institution
FY 2014 FY 2015 FY 2016*
21
14
96
32
9
CBM - Settlements
Settled Before Institution Settled After Institution
![Page 10: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/10.jpg)
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: 3/31/2016
Disposition of IPR Petitions Completed to Date*
549Terminated
After Institution
Decision:
400 Settled
17 Dismissed
132 Request for
Adverse
Judgement
869Petitions
Denied
560Terminated
Before Institution
Decision:
506 Settled
35 Dismissed
19 Request for
Adverse
Judgement
894Trials Completed
(Reached Final
Written Decision)
640 TrialsAll Instituted Claims
Unpatentable (22% of
Total Petitions, 44%
of Trials Instituted,
72% of Final Written
Decisions)
123 TrialsSome Instituted
Claims Unpatentable
(4% of Total Petitions,
9% of Trials
Instituted, 14% of
Final Written
Decisions)
1429
Trials Not
Instituted
1443
Trials
Instituted
131 TrialsNo Instituted Claims
Unpatentable (5% of
Total Petitions, 9% of
Trials Instituted, 15%
of Final Written
Decisions)
2872Total
Petitions
![Page 11: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/11.jpg)
11
*Data current as of: 3/31/2016
67Terminated
After Institution
Decision:
47 Settled
7 Dismissed
13 Request for
Adverse
Judgement
106Petitions
Denied
49Terminated
Before Institution
Decision:
47 Settled
2 Dismissed
0 Request for
Adverse
Judgement
108Trials Completed
(Reached Final
Written Decision)
85 TrialsAll Instituted Claims
Unpatentable (26% of
Total Petitions, 49%
of Trials Instituted,
79% of Final Written
Decisions)
20 TrialsSome Instituted
Claims Unpatentable
(6% of Total Petitions,
11% of Trials
Instituted, 19% of
Final Written
Decisions)
155
Trials Not
Instituted
175
Trials
Instituted
3 TrialsNo Instituted Claims
Unpatentable (1% of
Total Petitions, 2% of
Trials Instituted, 3%
of Final Written
Decisions)
330Total
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.
![Page 12: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/12.jpg)
12
*Data current as of: 3/31/2016
0Terminated
After Institution
Decision:
0 Settled
0 Dismissed
0 Request for
Adverse
Judgement
1Petitions
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)
3
Trials Not
Instituted
0
Trials
Instituted
0 TrialsNo Instituted Claims
Unpatentable (0% of
Total Petitions, 0% of
Trials Instituted, 0%
of Final Written
Decisions)
3Total
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.
![Page 13: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/13.jpg)
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: 3/31/2016
94946
43762
192449559
2100 Claims Found Patentable by PTAB in Final WrittenDecision
5744 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
1841 Claims Cancelled or Disclaimed by Patent Owner
24518 Claims Challenged but Not Instituted
51184 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 2872 Petitions
![Page 14: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/14.jpg)
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: 3/31/2016
11834
6460
29511722
62 Claims Found Patentable by PTAB in Final WrittenDecision
930 Claims Remaining Patentable (Not Subject to FinalWritten Decision)
237 Claims Cancelled or Disclaimed by Patent Owner
3509 Claims Challenged but Not Instituted
5374 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 330 Petitions
![Page 15: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/15.jpg)
15
*Data current as of: 3/31/2016
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 (1253 claims)
Chemical (1774 claims)
Design (5 claims)
Electrical/Computer (12469 claims)
Mechanical/Business Methods (6694 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
![Page 16: Patent Trial and Appeal Board Statistics PTAB.pdf · 3/31/2016 · *Data current as of: 3/31/2016 Narrative: This bar graph depicts the number of AIA petitions filed each fiscal](https://reader035.fdocuments.in/reader035/viewer/2022071011/5fc9f204f21a194db97c4e77/html5/thumbnails/16.jpg)