PTAB Trial Statistics as of January 31, 2017

This page gives Patent Trial and Appeal Board trial figures as of January 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 January 31, 2017

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

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	5,828	48	504	16	6,396
Institution decisions: instituted	2,754	15	274	0	3,043
Institution decisions: denied	1,835	13	179	4	2,031
Institution rate (by petition)	60.0%	53.6%	60.5%	0.0%	60.0%
Final written decisions	1,477	9	162	0	1,648

Terminations without a final written decision	Count
Settlements	853
Adverse judgment	0
Dismissed	0
Other terminations	154

Fiscal Year 2017 to Date

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

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	685	11	28	2	726
Institution decisions: instituted	235	1	11	0	247
Institution decisions: denied	145	4	11	1	161
Institution rate (by petition)	61.8%	20.0%	50.0%	0.0%	60.5%
Final written decisions	226	6	10	0	242

Terminations without a final written decision	Count
Settlements	154
Settled before institution	82
Settled after institution	72
Adverse judgment	0
Dismissed	0
Other terminations	53

Change Since September 30, 2016

Between the previous dated page (September 30, 2016) and January 31, 2017, 726 petitions were filed, 247 trials were instituted, 161 petitions were denied institution and 242 final written decisions issued. The cumulative institution rate moved from 59.9% to 60.0%.

Trial Types Covered

5,828 of the 6,396 petitions (91.1%) 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 (504), 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 January 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 September 30, 2016 (previous date)
• PTAB trial statistics as of February 28, 2017 (next date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)