PTAB Statistics Through Four Months of FY2022

by | Feb 25, 2022 | PTAB News

By Matt Johnson –

The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year.  The Patent Office notes that on a per-patent-challenged basis, rather than per-petition, the institution rate for FY 2022 so far is 68% (261 instituted, 124 denied).

Through January FY 2022, 425 IPR petitions and 19 PGR petitions have been filed.  At that pace,1275 IPR petitions would be expected in FY 2022, compared to a similar 1308 in FY 2021, 1429 in FY 2020, and 1394 in FY 2019.  The current pace represents a 29% drop from the 1812 IPRs filed in FY 2017.  January IPR petitions (102) were the fourth lowest seen in the past year (January 2021 – 74).

The PTAB’s statistics through January 2021 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may be accessed here.

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Matthew Johnson

Partner at Jones Day
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.