PTAB Statistics: Fiscal Year 2024

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2024, which ran from October 1, 2023 to September 30, 2024. 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.

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	1,250	38	0	0	1,288
Institution decisions: instituted	736	18	0	0	754
Institution decisions: denied	314	13	0	1	328
Institution rate (by petition)	70.1%	58.1%	—	0.0%	69.7%
Final written decisions	490	18	0	0	508

Terminations without a final written decision	Count
Settlements	412
Settled before institution	147
Settled after institution	265
Adverse judgment	25
Dismissed	0
Other terminations	20

Figures by Trial Type in Detail

Inter Partes Review (IPR)

In FY2024, 1,250 IPR petitions were filed (97.0% of all AIA petitions). Of 1,050 IPR institution decisions, 736 instituted a trial and 314 denied institution, a rate of 70.1%. The Board issued 490 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 FY2024, 38 PGR petitions were filed (3.0% of all AIA petitions). Of 31 PGR institution decisions, 18 instituted a trial and 13 denied institution, a rate of 58.1%. The Board issued 18 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.

Derivation Proceedings (DER)

In FY2024, 0 DER petitions were filed (0.0% of all AIA petitions). Of 1 DER institution decisions, 0 instituted a trial and 1 denied institution, a rate of 0.0%. The Board issued 0 DER final written decisions. Derivation proceedings decide whether an inventor named in an earlier application derived the claimed invention from the petitioner’s inventor; they are few in number, so rates rest on small counts. See the guide to the Patent Trial and Appeal Board for the procedure.

How Proceedings Ended

Of the proceedings that ended during the period, 508 ended in a final written decision under 35 U.S.C. § 318, 412 in settlement under 35 U.S.C. § 317 (147 before institution and 265 after), 25 in adverse judgment, 0 by dismissal and 20 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.

Summary

• Inter partes review accounted for 97.0% of petitions filed.
• Petitions rose by 47 from FY2023 (1,241), a change of 3.8%.
• The institution rate rose by 2.3 percentage points from 67.4% in FY2023.
• By type, the institution rate was 70.1% for IPR petitions and 58.1% for PGR petitions.
• Of 965 proceedings that ended after institution or by settlement or other termination in the year, 508 (52.6%) ended in a final written decision.

Other Fiscal Years

FY2023 · FY2025 · 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.