PTAB statistics

PTAB Statistics: Fiscal Year 2021

In fiscal year 2021 (October 1, 2020 to September 30, 2021), 1,401 AIA trial petitions were filed: 1,308 IPR, 93 PGR, 0 CBM and 0 derivation. In the same period the Board instituted trial on 694 petitions and denied 477, an institution rate of 59.3% by petition. The Board issued 420 final written decisions, and 475 proceedings ended in settlement.

Key Facts

Period
October 1, 2020 to September 30, 2021
Petitions filed
1,401
Institution rate
59.3%
Final written decisions
420
Settlements
475
Data retrieved
October 31, 2026
On this page
  1. Figures by Trial Type
  2. Figures by Trial Type in Detail
  3. How Proceedings Ended
  4. Legal and Policy Context
  5. Summary
  6. Other Fiscal Years

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2021, which ran from October 1, 2020 to September 30, 2021. Each figure is a count of USPTO Open Data Portal records; the methodology on the statistics page explains the counting rules.

Figures by Trial Type

Petitions are counted by filing date. Institution decisions, final written decisions and terminations are counted by the date of the event, so a petition filed in one fiscal year may be decided in the next.

MeasureIPRPGRCBMDERTotal
Petitions filed1,30893001,401
Institution decisions: instituted6642460694
Institution decisions: denied4195260477
Institution rate (by petition)61.3%31.6%50.0%—59.3%
Final written decisions4051410420
Terminations without a final written decisionCount
Settlements475
Settled before institution271
Settled after institution204
Adverse judgment3
Dismissed1
Other terminations60

Figures by Trial Type in Detail

Inter Partes Review (IPR)

In FY2021, 1,308 IPR petitions were filed (93.4% of all AIA petitions). Of 1,083 IPR institution decisions, 664 instituted a trial and 419 denied institution, a rate of 61.3%. The Board issued 405 IPR final written decisions. An IPR may be instituted only on a reasonable likelihood that the petitioner will prevail on at least one claim (35 U.S.C. § 314(a)), on grounds of anticipation or obviousness over patents and printed publications. See the inter partes review guide for the procedure.

Post-Grant Review (PGR)

In FY2021, 93 PGR petitions were filed (6.6% of all AIA petitions). Of 76 PGR institution decisions, 24 instituted a trial and 52 denied institution, a rate of 31.6%. The Board issued 14 PGR final written decisions. A PGR petition must be filed within nine months of grant and must show that it is more likely than not that at least one claim is unpatentable (35 U.S.C. § 324(a)). See the post-grant review guide for the procedure.

Covered Business Method Review (CBM)

In FY2021, 0 CBM petitions were filed (0.0% of all AIA petitions). Of 12 CBM institution decisions, 6 instituted a trial and 6 denied institution, a rate of 50.0%. The Board issued 1 CBM final written decisions. CBM review applied to covered business method patents and closed to new petitions on September 16, 2020. See the covered business method review guide for the procedure.

How Proceedings Ended

Of the proceedings that ended during the period, 420 ended in a final written decision under 35 U.S.C. § 318, 475 in settlement under 35 U.S.C. § 317 (271 before institution and 204 after), 3 in adverse judgment, 1 by dismissal and 60 by other termination. Denials of institution are counted separately above. A final written decision can lead to estoppel against the petitioner; see estoppel arising from PTAB trials.

On June 21, 2021, the Supreme Court decided United States v. Arthrex, Inc., holding that final written decisions of administrative patent judges must be reviewable by the USPTO Director. The USPTO then introduced Director Review of Board decisions.

These events are noted for context; the statistics alone do not show what caused any change.

Summary

  • Inter partes review accounted for 93.4% of petitions filed.
  • Petitions fell by 112 from FY2020 (1,513), a change of 7.4%.
  • The institution rate rose by 4.5 percentage points from 54.8% in FY2020.
  • By type, the institution rate was 61.3% for IPR petitions and 31.6% for PGR petitions and 50.0% for CBM petitions.
  • Of 959 proceedings that ended after institution or by settlement or other termination in the year, 420 (43.8%) ended in a final written decision.

Other Fiscal Years

FY2020 · FY2022 · All fiscal years and charts

Final written decision outcomes (all, some or no challenged claims unpatentable) are not reported because the USPTO records state them for too few decisions; see the methodology. Figures may differ from the USPTO’s published reports. For how trials end and why reported rates differ, see reading PTAB trial outcomes.

Frequently Asked Questions

How many PTAB petitions were filed in FY2021?

In fiscal year 2021 (October 1, 2020 to September 30, 2021), USPTO records show 1,401 AIA trial petitions: 1,308 IPR, 93 PGR, 0 CBM and 0 derivation.

What was the PTAB institution rate in FY2021?

By petition, 59.3%: 694 petitions instituted and 477 denied, counted by the date of the institution decision. For IPR alone the rate was 61.3%.

How many final written decisions did the PTAB issue in FY2021?

420, of which 405 were in inter partes reviews. In the same period 475 proceedings settled.

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.