PTAB Statistics Through Three-Fourths of FY 2020

by | Jul 30, 2020 | PTAB News

By Matt Johnson –

The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year.  This lower institution rate compared to prior years, and its effect on petition filings, are items that we continue to keep a close eye on.  April institutions were 62 institutions to 30 denials (67.4% institution).

Through July FY 2020, 990 IPR petitions, 52 PGR petitions, and 11 CBM petitions have been filed.  At that pace, 1320IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018.  The current pace represents a 27% drop from the 1812 IPRs filed in FY 2017.  June IPR petitions (152) were the highest seen this fiscal year.

The PTAB’s statistics through June 2020 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.