PTAB statistics

PTAB Trial Statistics as of September 30, 2015

As of September 30, 2015, USPTO records show 3,981 AIA trial petitions filed since September 16, 2012 (3,578 IPR, 382 CBM, 13 PGR, 8 derivation). The Board had instituted trial on 1,853 petitions and denied 1,157 (61.6% instituted) and had issued 690 final written decisions. In fiscal year 2015 to that date, 1,900 petitions were filed.

Key Facts

As of
September 30, 2015
Fiscal year
FY2015
Petitions filed (cumulative)
3,981
Institution rate (cumulative)
61.6%
Petitions filed (FY2015 to date)
1,900
Data retrieved
October 31, 2026
On this page
  1. Cumulative Figures as of September 30, 2015
  2. Fiscal Year 2015 to Date
  3. Change Since August 31, 2015
  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 September 30, 2015, which falls in fiscal year 2015 (October 1, 2014 to September 30, 2015). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2015 statistics page.

Cumulative Figures as of September 30, 2015

Events from September 16, 2012 to September 30, 2015, by trial type:

MeasureIPRPGRCBMDERTotal
Petitions filed3,5781338283,981
Institution decisions: instituted1,639321101,853
Institution decisions: denied1,042211031,157
Institution rate (by petition)61.1%60.0%65.7%0.0%61.6%
Final written decisions6080820690
Terminations without a final written decisionCount
Settlements424
Adverse judgment0
Dismissed0
Other terminations41

Fiscal Year 2015 to Date

Events from October 1, 2014 to September 30, 2015:

MeasureIPRPGRCBMDERTotal
Petitions filed1,7371114931,900
Institution decisions: instituted900310401,007
Institution decisions: denied6892540745
Institution rate (by petition)56.6%60.0%65.8%—57.5%
Final written decisions4580650523
Terminations without a final written decisionCount
Settlements280
Adverse judgment0
Dismissed0
Other terminations33

Change Since August 31, 2015

Between the previous dated page (August 31, 2015) and September 30, 2015, 141 petitions were filed, 83 trials were instituted, 51 petitions were denied institution and 115 final written decisions issued. The cumulative institution rate moved from 61.5% to 61.6%.

Trial Types Covered

3,578 of the 3,981 petitions (89.9%) 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 (382), post-grant review under chapter 32 (13) and derivation proceedings (8). 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 September 30, 2015: 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 September 30, 2015?

USPTO records show 3,981 petitions filed from September 16, 2012 to September 30, 2015: 3,578 IPR, 382 CBM, 13 PGR and 8 derivation.

What was the PTAB institution rate as of September 30, 2015?

Cumulatively, 61.6% by petition: 1,853 instituted and 1,157 denied. In FY2015 to that date the rate was 57.5%.

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.