PTAB Trial Statistics as of February 28, 2017

This page gives Patent Trial and Appeal Board trial figures as of February 28, 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 February 28, 2017

Events from September 16, 2012 to February 28, 2017, by trial type:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	5,956	48	506	16	6,526
Institution decisions: instituted	2,841	17	274	0	3,132
Institution decisions: denied	1,874	14	182	4	2,074
Institution rate (by petition)	60.3%	54.8%	60.1%	0.0%	60.2%
Final written decisions	1,514	9	164	0	1,687

Terminations without a final written decision	Count
Settlements	897
Adverse judgment	0
Dismissed	1
Other terminations	166

Fiscal Year 2017 to Date

Events from October 1, 2016 to February 28, 2017:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	813	11	30	2	856
Institution decisions: instituted	322	3	11	0	336
Institution decisions: denied	184	5	14	1	204
Institution rate (by petition)	63.6%	37.5%	44.0%	0.0%	62.2%
Final written decisions	263	6	12	0	281

Terminations without a final written decision	Count
Settlements	198
Settled before institution	106
Settled after institution	92
Adverse judgment	0
Dismissed	1
Other terminations	65

Change Since January 31, 2017

Between the previous dated page (January 31, 2017) and February 28, 2017, 130 petitions were filed, 89 trials were instituted, 43 petitions were denied institution and 39 final written decisions issued. The cumulative institution rate moved from 60.0% to 60.2%.

Trial Types Covered

5,956 of the 6,526 petitions (91.3%) 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 (506), post-grant review under chapter 32 (48) and derivation proceedings (16). 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 February 28, 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 January 31, 2017 (previous date)
• PTAB trial statistics as of August 31, 2017 (next date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)