PTAB statistics

PTAB Trial Statistics as of August 31, 2015

As of August 31, 2015, USPTO records show 3,840 AIA trial petitions filed since September 16, 2012 (3,442 IPR, 377 CBM, 13 PGR, 8 derivation). The Board had instituted trial on 1,770 petitions and denied 1,106 (61.5% instituted) and had issued 575 final written decisions. In fiscal year 2015 to that date, 1,759 petitions were filed.

Key Facts

As of
August 31, 2015
Fiscal year
FY2015
Petitions filed (cumulative)
3,840
Institution rate (cumulative)
61.5%
Petitions filed (FY2015 to date)
1,759
Data retrieved
October 31, 2026
On this page
  1. Cumulative Figures as of August 31, 2015
  2. Fiscal Year 2015 to Date
  3. Change Since July 31, 2015
  4. Trial Types Covered
  5. How These Figures Were Compiled
  6. Related Statistics

This page gives Patent Trial and Appeal Board trial figures as of August 31, 2015, which falls in fiscal year 2015 (October 1, 2014 to September 30, 2015). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2015 statistics page.

Cumulative Figures as of August 31, 2015

Events from September 16, 2012 to August 31, 2015, by trial type:

MeasureIPRPGRCBMDERTotal
Petitions filed3,4421337783,840
Institution decisions: instituted1,566320101,770
Institution decisions: denied993210831,106
Institution rate (by petition)61.2%60.0%65.0%0.0%61.5%
Final written decisions5130620575
Terminations without a final written decisionCount
Settlements411
Adverse judgment0
Dismissed0
Other terminations38

Fiscal Year 2015 to Date

Events from October 1, 2014 to August 31, 2015:

MeasureIPRPGRCBMDERTotal
Petitions filed1,6011114431,759
Institution decisions: instituted8273940924
Institution decisions: denied6402520694
Institution rate (by petition)56.4%60.0%64.4%—57.1%
Final written decisions3630450408
Terminations without a final written decisionCount
Settlements267
Adverse judgment0
Dismissed0
Other terminations30

Change Since July 31, 2015

Between the previous dated page (July 31, 2015) and August 31, 2015, 177 petitions were filed, 80 trials were instituted, 64 petitions were denied institution and 43 final written decisions issued. The cumulative institution rate moved from 61.9% to 61.5%.

Trial Types Covered

3,442 of the 3,840 petitions (89.6%) were for inter partes review, which challenges patent claims on prior-art grounds under 35 U.S.C. chapter 31. The remainder were for covered business method review (377), post-grant review under chapter 32 (13) and derivation proceedings (8). Institution standards differ by proceeding; see the threshold standards.

How These Figures Were Compiled

The figures are counted from USPTO Open Data Portal records retrieved on October 31, 2026, keeping only events dated on or before August 31, 2015: a petition by its filing date, an institution decision by its decision date, and a final written decision or termination by its date. They are a reconstruction from the current records, not the USPTO’s report of that date, and may differ from statistics the USPTO published at the time. Final written decision outcomes are not reported because the records state them for too few decisions. The methodology gives the counting rules in full.

Frequently Asked Questions

How many AIA trial petitions had been filed as of August 31, 2015?

USPTO records show 3,840 petitions filed from September 16, 2012 to August 31, 2015: 3,442 IPR, 377 CBM, 13 PGR and 8 derivation.

What was the PTAB institution rate as of August 31, 2015?

Cumulatively, 61.5% by petition: 1,770 instituted and 1,106 denied. In FY2015 to that date the rate was 57.1%.

Primary Sources

  1. USPTO Open Data Portal (PTAB trial proceedings and decisions data)
  2. USPTO Patent Trial and Appeal Board statistics
  3. 35 U.S.C. chapter 31 (inter partes review)
  4. 35 U.S.C. chapter 32 (post-grant review)
  5. 37 C.F.R. Part 42 (trial practice before the PTAB)

Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.