PTAB statistics

PTAB Trial Statistics as of February 29, 2016

As of February 29, 2016, USPTO records show 4,637 AIA trial petitions filed since September 16, 2012 (4,181 IPR, 423 CBM, 21 PGR, 12 derivation). The Board had instituted trial on 2,293 petitions and denied 1,498 (60.5% instituted) and had issued 972 final written decisions. In fiscal year 2016 to that date, 656 petitions were filed.

Key Facts

As of
February 29, 2016
Fiscal year
FY2016
Petitions filed (cumulative)
4,637
Institution rate (cumulative)
60.5%
Petitions filed (FY2016 to date)
656
Data retrieved
October 31, 2026
On this page
  1. Cumulative Figures as of February 29, 2016
  2. Fiscal Year 2016 to Date
  3. Change Since September 30, 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 February 29, 2016, which falls in fiscal year 2016 (October 1, 2015 to September 30, 2016). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2016 statistics page.

Cumulative Figures as of February 29, 2016

Events from September 16, 2012 to February 29, 2016, by trial type:

MeasureIPRPGRCBMDERTotal
Petitions filed4,18121423124,637
Institution decisions: instituted2,0531023002,293
Institution decisions: denied1,347314531,498
Institution rate (by petition)60.4%76.9%61.3%0.0%60.5%
Final written decisions87001020972
Terminations without a final written decisionCount
Settlements528
Adverse judgment0
Dismissed0
Other terminations48

Fiscal Year 2016 to Date

Events from October 1, 2015 to February 29, 2016:

MeasureIPRPGRCBMDERTotal
Petitions filed6038414656
Institution decisions: instituted4147190440
Institution decisions: denied3051350341
Institution rate (by petition)57.6%87.5%35.2%—56.3%
Final written decisions2620200282
Terminations without a final written decisionCount
Settlements104
Adverse judgment0
Dismissed0
Other terminations7

Change Since September 30, 2015

Between the previous dated page (September 30, 2015) and February 29, 2016, 656 petitions were filed, 440 trials were instituted, 341 petitions were denied institution and 282 final written decisions issued. The cumulative institution rate moved from 61.6% to 60.5%.

Trial Types Covered

4,181 of the 4,637 petitions (90.2%) 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 (423), post-grant review under chapter 32 (21) and derivation proceedings (12). 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 29, 2016: 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 February 29, 2016?

USPTO records show 4,637 petitions filed from September 16, 2012 to February 29, 2016: 4,181 IPR, 423 CBM, 21 PGR and 12 derivation.

What was the PTAB institution rate as of February 29, 2016?

Cumulatively, 60.5% by petition: 2,293 instituted and 1,498 denied. In FY2016 to that date the rate was 56.3%.

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.