PTAB Trial Statistics as of August 31, 2017

This page gives Patent Trial and Appeal Board trial figures as of August 31, 2017, which falls in fiscal year 2017 (October 1, 2016 to September 30, 2017). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2017 statistics page.

Cumulative Figures as of August 31, 2017

Events from September 16, 2012 to August 31, 2017, by trial type:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	6,831	74	524	18	7,447
Institution decisions: instituted	3,260	24	287	0	3,571
Institution decisions: denied	2,158	19	197	5	2,379
Institution rate (by petition)	60.2%	55.8%	59.3%	0.0%	60.0%
Final written decisions	1,827	9	182	0	2,018

Terminations without a final written decision	Count
Settlements	1,068
Adverse judgment	0
Dismissed	1
Other terminations	287

Fiscal Year 2017 to Date

Events from October 1, 2016 to August 31, 2017:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	1,688	37	48	4	1,777
Institution decisions: instituted	741	10	24	0	775
Institution decisions: denied	468	10	29	2	509
Institution rate (by petition)	61.3%	50.0%	45.3%	0.0%	60.4%
Final written decisions	576	6	30	0	612

Terminations without a final written decision	Count
Settlements	369
Settled before institution	185
Settled after institution	184
Adverse judgment	0
Dismissed	1
Other terminations	186

Change Since February 28, 2017

Between the previous dated page (February 28, 2017) and August 31, 2017, 921 petitions were filed, 439 trials were instituted, 305 petitions were denied institution and 331 final written decisions issued. The cumulative institution rate moved from 60.2% to 60.0%.

Trial Types Covered

6,831 of the 7,447 petitions (91.7%) 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 (524), post-grant review under chapter 32 (74) and derivation proceedings (18). 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, 2017: 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.

Related Statistics

• PTAB statistics for fiscal year 2017
• PTAB trial statistics as of February 28, 2017 (previous date)
• PTAB trial statistics as of February 28, 2018 (next date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)