PTAB Trial Statistics as of February 28, 2018

This page gives Patent Trial and Appeal Board trial figures as of February 28, 2018, which falls in fiscal year 2018 (October 1, 2017 to September 30, 2018). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2018 statistics page.

Cumulative Figures as of February 28, 2018

Events from September 16, 2012 to February 28, 2018, by trial type:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	7,573	98	539	21	8,231
Institution decisions: instituted	3,679	33	288	0	4,000
Institution decisions: denied	2,422	28	214	7	2,671
Institution rate (by petition)	60.3%	54.1%	57.4%	0.0%	60.0%
Final written decisions	2,119	11	197	0	2,327

Terminations without a final written decision	Count
Settlements	1,245
Adverse judgment	0
Dismissed	1
Other terminations	375

Fiscal Year 2018 to Date

Events from October 1, 2017 to February 28, 2018:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	618	20	15	2	655
Institution decisions: instituted	352	9	1	0	362
Institution decisions: denied	220	9	15	2	246
Institution rate (by petition)	61.5%	50.0%	6.3%	0.0%	59.5%
Final written decisions	256	2	8	0	266

Terminations without a final written decision	Count
Settlements	157
Settled before institution	82
Settled after institution	75
Adverse judgment	0
Dismissed	0
Other terminations	79

Change Since August 31, 2017

Between the previous dated page (August 31, 2017) and February 28, 2018, 784 petitions were filed, 429 trials were instituted, 292 petitions were denied institution and 309 final written decisions issued. The cumulative institution rate moved from 60.0% to 60.0%.

Trial Types Covered

7,573 of the 8,231 petitions (92.0%) 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 (539), post-grant review under chapter 32 (98) and derivation proceedings (21). 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, 2018: 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 2018
• PTAB trial statistics as of August 31, 2017 (previous date)
• PTAB trial statistics as of October 29, 2018 (next date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)