PTAB statistics
PTAB Statistics: Fiscal Year 2026
In fiscal year 2026 (October 1, 2025 to September 30, 2026), 501 AIA trial petitions were filed: 453 IPR, 48 PGR, 0 CBM and 0 derivation. In the same period the Board instituted trial on 355 petitions and denied 591, an institution rate of 37.5% by petition. The Board issued 427 final written decisions, and 200 proceedings ended in settlement.
Key Facts
- Period
- October 1, 2025 to September 30, 2026
- Petitions filed
- 501
- Institution rate
- 37.5%
- Final written decisions
- 427
- Settlements
- 200
- Data retrieved
- October 31, 2026
On this page
This page reports Patent Trial and Appeal Board trial activity in fiscal year 2026, which ran from October 1, 2025 to September 30, 2026. 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 | 453 | 48 | 0 | 0 | 501 |
| Institution decisions: instituted | 314 | 41 | 0 | 0 | 355 |
| Institution decisions: denied | 559 | 32 | 0 | 0 | 591 |
| Institution rate (by petition) | 36.0% | 56.2% | — | — | 37.5% |
| Final written decisions | 405 | 22 | 0 | 0 | 427 |
| Terminations without a final written decision | Count |
|---|---|
| Settlements | 200 |
| Settled before institution | 67 |
| Settled after institution | 133 |
| Adverse judgment | 32 |
| Dismissed | 0 |
| Other terminations | 42 |
Figures by Trial Type in Detail
Inter Partes Review (IPR)
In FY2026, 453 IPR petitions were filed (90.4% of all AIA petitions). Of 873 IPR institution decisions, 314 instituted a trial and 559 denied institution, a rate of 36.0%. 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 FY2026, 48 PGR petitions were filed (9.6% of all AIA petitions). Of 73 PGR institution decisions, 41 instituted a trial and 32 denied institution, a rate of 56.2%. The Board issued 22 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.
How Proceedings Ended
Of the proceedings that ended during the period, 427 ended in a final written decision under 35 U.S.C. § 318, 200 in settlement under 35 U.S.C. § 317 (67 before institution and 133 after), 32 in adverse judgment, 0 by dismissal and 42 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.
Legal and Policy Context
The USPTO’s revised institution procedures adopted in 2025 applied throughout FY2026. Current procedures and guidance are published on the USPTO’s PTAB pages.
These events are noted for context; the statistics alone do not show what caused any change.
Summary
- Inter partes review accounted for 90.4% of petitions filed.
- Petitions fell by 932 from FY2025 (1,433), a change of 65.0%.
- The institution rate fell by 9.9 percentage points from 47.4% in FY2025.
- By type, the institution rate was 36.0% for IPR petitions and 56.2% for PGR petitions.
- Of 701 proceedings that ended after institution or by settlement or other termination in the year, 427 (60.9%) ended in a final written decision.
Other Fiscal Years
FY2025 · FY2027 · 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 FY2026?
In fiscal year 2026 (October 1, 2025 to September 30, 2026), USPTO records show 501 AIA trial petitions: 453 IPR, 48 PGR, 0 CBM and 0 derivation.
What was the PTAB institution rate in FY2026?
By petition, 37.5%: 355 petitions instituted and 591 denied, counted by the date of the institution decision. For IPR alone the rate was 36.0%.
How many final written decisions did the PTAB issue in FY2026?
427, of which 405 were in inter partes reviews. In the same period 200 proceedings settled.
Primary Sources
Related Pages
- GuidePTAB StatisticsUSPTO records show 19,437 AIA trial petitions filed from September 16, 2012 to October 30, 2026: 18,227 inter…
- PTAB statisticsPTAB Statistics: Fiscal Year 2025In fiscal year 2025 (October 1, 2024 to September 30, 2025), 1,433 AIA trial petitions were filed: 1,361 IPR,…
- PTAB statisticsPTAB Statistics: Fiscal Year 2027 to DateIn fiscal year 2027 to October 31, 2026, 33 AIA trial petitions were filed: 27 IPR, 6 PGR, 0 CBM and 0…
- ArticleReading PTAB Trial Outcomes: Institution, Settlement and Final DecisionsAn AIA trial can end at several points: denial of institution, settlement and termination under 35 U.S.C. §…
- Proceedings guideInter Partes Review (IPR)Inter partes review is a trial before the Patent Trial and Appeal Board in which anyone other than the patent…
- Proceedings guidePost-Grant Review (PGR)Post-grant review lets anyone other than the patent owner challenge an issued patent on almost any ground of…
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.