PTAB statistics

PTAB Trial Statistics as of July 31, 2016

As of July 31, 2016, USPTO records show 5,371 AIA trial petitions filed since September 16, 2012 (4,859 IPR, 470 CBM, 30 PGR, 12 derivation). The Board had instituted trial on 2,642 petitions and denied 1,784 (59.7% instituted) and had issued 1,279 final written decisions. In fiscal year 2016 to that date, 1,390 petitions were filed.

Key Facts

As of
July 31, 2016
Fiscal year
FY2016
Petitions filed (cumulative)
5,371
Institution rate (cumulative)
59.7%
Petitions filed (FY2016 to date)
1,390
Data retrieved
October 31, 2026
On this page
  1. Cumulative Figures as of July 31, 2016
  2. Fiscal Year 2016 to Date
  3. Change Since February 29, 2016
  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 July 31, 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 July 31, 2016

Events from September 16, 2012 to July 31, 2016, by trial type:

MeasureIPRPGRCBMDERTotal
Petitions filed4,85930470125,371
Institution decisions: instituted2,3831124802,642
Institution decisions: denied1,617515931,784
Institution rate (by petition)59.6%68.8%60.9%0.0%59.7%
Final written decisions1,132214501,279
Terminations without a final written decisionCount
Settlements656
Adverse judgment0
Dismissed0
Other terminations79

Fiscal Year 2016 to Date

Events from October 1, 2015 to July 31, 2016:

MeasureIPRPGRCBMDERTotal
Petitions filed1,281178841,390
Institution decisions: instituted7448370789
Institution decisions: denied5753490627
Institution rate (by petition)56.4%72.7%43.0%—55.7%
Final written decisions5242630589
Terminations without a final written decisionCount
Settlements232
Adverse judgment0
Dismissed0
Other terminations38

Change Since February 29, 2016

Between the previous dated page (February 29, 2016) and July 31, 2016, 734 petitions were filed, 349 trials were instituted, 286 petitions were denied institution and 307 final written decisions issued. The cumulative institution rate moved from 60.5% to 59.7%.

Trial Types Covered

4,859 of the 5,371 petitions (90.5%) 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 (470), post-grant review under chapter 32 (30) 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 July 31, 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 July 31, 2016?

USPTO records show 5,371 petitions filed from September 16, 2012 to July 31, 2016: 4,859 IPR, 470 CBM, 30 PGR and 12 derivation.

What was the PTAB institution rate as of July 31, 2016?

Cumulatively, 59.7% by petition: 2,642 instituted and 1,784 denied. In FY2016 to that date the rate was 55.7%.

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.