PTAB Trial Statistics as of October 29, 2018

This page gives Patent Trial and Appeal Board trial figures as of October 29, 2018, which falls in fiscal year 2019 (October 1, 2018 to September 30, 2019). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2019 statistics page.

Cumulative Figures as of October 29, 2018

Events from September 16, 2012 to October 29, 2018, by trial type:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	8,572	138	562	23	9,295
Institution decisions: instituted	4,098	50	300	1	4,449
Institution decisions: denied	2,761	40	225	7	3,033
Institution rate (by petition)	59.7%	55.6%	57.1%	12.5%	59.5%
Final written decisions	2,485	17	209	0	2,711

Terminations without a final written decision	Count
Settlements	1,497
Adverse judgment	0
Dismissed	1
Other terminations	505

Fiscal Year 2019 to Date

Events from October 1, 2018 to October 29, 2018:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	96	4	2	0	102
Institution decisions: instituted	47	4	6	0	57
Institution decisions: denied	38	2	1	0	41
Institution rate (by petition)	55.3%	66.7%	85.7%	—	58.2%
Final written decisions	57	2	0	0	59

Terminations without a final written decision	Count
Settlements	34
Settled before institution	22
Settled after institution	12
Adverse judgment	0
Dismissed	0
Other terminations	25

Change Since February 28, 2018

Between the previous dated page (February 28, 2018) and October 29, 2018, 1,064 petitions were filed, 449 trials were instituted, 362 petitions were denied institution and 384 final written decisions issued. The cumulative institution rate moved from 60.0% to 59.5%.

Trial Types Covered

8,572 of the 9,295 petitions (92.2%) 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 (562), post-grant review under chapter 32 (138) and derivation proceedings (23). 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 October 29, 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 2019
• PTAB trial statistics as of February 28, 2018 (previous date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)