Patent Trial and Appeal Board Statistics€¦ · *Data current as of: 9/30/2016. Narrative: This...

Patent Trial and Appeal BoardStatistics9/30/2016

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: 9/30/2016

514391%

4768%

371%

5656 Total AIA Petitions*

Total IPR Petitions Total CBM Petitions Total PGR Petitions

Cumulative from 09/16/2012

3


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).

FY14 FY15 FY16*

1310

1737

1565

177 149 942 11 24

Number of AIA Petitions Filed by Fiscal Year by TypeIPR 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.


157 150

190

126

176142

195

116

192

115

180145 146

174193

123

177141

117142 144

99

150118

148 135

0

40

80

120

160

200

240Number of TOTAL Petitions Filed by Month*

120

179

102

177

100

164131 139 145

182

117165

136106

131 13896

132107

136114

166 155 136 148

0

100

200

300

Number of IPR Petitions Filed by Month*

2116 13 15 14 16 13

7

26

9 6 95

11 105 3

12 10 1017

91 4 2

05

101520253035404550

Number of CBM Petitions Filed by Month*

10

10

10

10

32

0

3

0 01 1

0

6

12

4

1 1

34

0

2

4

6

8

10

Number of PGR Petitions Filed by Month*

142

195

116

192

115

180145 146

174193

123

177141

117142 144

99

150118

148 135

176157 143 154

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 percentageof these petitions broken down by technology.


96265%

31821% 114

8%

926%

30%

1489 Total AIA Petitions in FY 14* (Technology Breakdown)

1,19363%

44323% 90

5%

1679%

40%


93555%

40524%

1157%

21213%

161%


Electrical/Computer - TCs 2100, 2400, 2600, 2800Mechanical/Business Method - TCs 3600, 3700Chemical - TC 1700Bio/Pharma - TC 1600Design - 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.


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 FiledFY14 FY15 FY16*

8291,326 1,238

202

223 239

IPR - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not FiledFY14 FY15 FY16*

116154

94

18

12

11

CBM - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

FY14 FY15 FY16*

06

19

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.


61%

72%

38%

71%

73%

0% 10% 20% 30% 40% 50% 60% 70% 80%

Biotechnology/Pharma (214 of 350 petitions)

Chemical (189 of 263 petitions)

Design (8 of 21 petitions)

Electrical/Computer (1706 of 2400 petitions)

Mechanical/Business Methods (773 of 1061 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.


FY14 FY15 FY16*

557801 871

15

11677

193426 444

IPR - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders Denials

FY14 FY15 FY16*

91 9151

1 10

6

30 43 45

CBM - Number of Decisions On Institution Per Fiscal Year by Outcome


FY14 FY15 FY16*

0 3

11

0 0

7

PGR - Number of Decisions On Institution Per Fiscal Year by Outcome


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.


FY14 FY15 FY16*

106

275229

104

189 184

IPR - Settlements

Settled Before Institution Settled After Institution

FY14 FY15 FY16*

21

14 13

6

32

13

CBM - Settlements


FY14 FY15 FY16*

0

2

00 0

1

PGR - Settlements


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.


Disposition of IPR Petitions Completed to Date*

687Terminated

After Institution Decision:

495 Settled19 Dismissed

173 Request for Adverse

Judgement

1075Petitions Denied

696Terminated

Before Institution Decision:



Judgement

1214Trials Completed(Reached Final

Written Decision)

833 TrialsAll Instituted Claims

Unpatentable (23% of Total Petitions, 43%of Trials Instituted,

69% of Final Written Decisions)

189 TrialsSome Instituted

Claims Unpatentable(5% of Total Petitions,

10% of Trials Instituted, 16% of

Final Written Decisions)

1771Trials Not Instituted

1901Trials

Instituted

192 TrialsNo Instituted Claims Unpatentable (5% of Total Petitions, 10%of Trials Instituted,


3672Total

Petitions

11*Data current as of: 9/30/2016

72Terminated

After Institution Decision:



Judgement

121Petitions Denied

55Terminated

Before Institution Decision:



Judgement

143Trials Completed(Reached Final

Written Decision)

117 TrialsAll Instituted Claims

Unpatentable (30% of Total Petitions, 54%of Trials Instituted,


23 TrialsSome Instituted

Claims Unpatentable(6% of Total Petitions,

11% of Trials Instituted, 16% of

Final Written Decisions)

176Trials Not Instituted

215Trials

Instituted

3 TrialsNo Instituted Claims Unpatentable 1% of Total Petitions 1% of Trials Instituted, 2%

of Final Written Decisions)

391Total

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

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.


t1

120422

56233

2562613140

3519 Claims Found Patentable by PTAB in Final WrittenDecision

6747 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

2220 Claims Cancelled or Disclaimed by Patent Owner

30607 Claims Challenged but Not Instituted

64189 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 3672 Petitions

13

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.


13832

7424

33742031

73 Claims Found Patentable by PTAB in Final WrittenDecision

969 Claims Remaining Patentable (Not Subject toFinal Written Decision)

301 Claims Cancelled or Disclaimed by Patent Owner

4050 Claims Challenged but Not Instituted

6408 Claims Not Challenged

CBM Petitions Terminated to Date*

Claims Challenged

Claims Instituted


Total Number of Claims Available to be Challenged within 391 Petitions

14


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%.

* Includes IPR and CBM trial outcomes

40%

67%

100%

54%

47%

8%

6%

8%

10%

32%

6%

12%

10%

0% 50% 100%

Biotechnology/Pharma (1994 claims)

Chemical (2036 claims)

Design (6 claims)

Electrical/Computer (16600 claims)

Mechanical/Business Methods (8364claims)

Trial Outcomes for Instituted Claims, by Technology


Claims Cancelled or Disclaimed by Patent Owner

Claims Found Patentable by PTAB in Final Written Decision

Patent Trial and Appeal Board Statistics€¦ · *Data current as of: 9/30/2016. Narrative: This...

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