Patent Trial and Appeal Board (PTAB) performance benchmarks for dispositions, pendency, inventory, and other tracking measures.
Under Construction: PTAB is migrating to a new statistics format for AIA trials. We are moving all of our outcome statistics into a new quarterly “Outcome Roundup” format that includes outcome information on a by-petition, by-patent, and by-claim basis. We will continue publishing non-outcome trial statistics on a monthly basis. In addition, we now provide end of year outcome statistics for fiscal year 2019 for AIA trials below, and expect to provide the same for fiscal year 2020 soon.
Trial statistics
Appeal and interference statistics
Current fiscal year (FY) statistics to date:
- FY21 Q1 Outcome Roundup (coming soon)
- November 2020
- October 2020
Prior fiscal year statistics:
- FY20 End of Year Outcome Roundup (coming soon)
- FY19 End of Year Outcome Roundup
Current fiscal year (FY) statistics to date:
Special reports
Motion to Amend Study, Installment 6 through March 31, 2020 (updated July 2020) – a report on the outcomes of pre-pilot motions to amend in AIA trials and some limited data for motions to amend filed under the Office’s pilot program
Data for 504 completed trials with a pre-pilot MTA (July 2020) – a report on the data for the 504 completed trials with a pre-pilot MTA
Trial statistics by patent and by claim (June 2020) - a report providing various AIA trial statistics, including results by petition, by patent, and by claim; also includes an update on multiple petitions.
Orange Book/biologics study (July 2019) - a report on AIA trials involving petitions challenging Orange Book listed patents and biologic patents. The report also includes a study on district court pharmaceutical litigation. Below are the individual data files in .csv format for the Orange Book/biologics study and the data dictionaries, which provides names, definitions, and attributes for the data in the files, in .pdf:
Orange Book petitions (csv, pdf)
Biologic petitions (csv, pdf)
Litigation data for patents (csv, pdf)
Litigation data for petitions (csv, pdf)
Parallel proceedings study (April 2019) - a report on interaction between parallel proceedings at the USPTO (e.g., AIA proceedings, reexam, and re-issue) involving issued patents
Expanded panels study (March 2018) - a report on panel expansion in AIA trials
Orange Book-listed patent study (March 2018) - a report on FDA-approved drug patents challenged in AIA trials
Multiple petition study (October 2017) - a report on multiple petitions filed in AIA trials
Special reports archive
Contact
Email questions about PTAB statistics to PTAB Statistics Questions.