PTAB Trial Statistics as of September 30, 2016

This page gives Patent Trial and Appeal Board trial figures as of September 30, 2016, which falls in fiscal year 2016 (October 1, 2015 to September 30, 2016). The cumulative figures run from September 16, 2012, when AIA trials began. The full year is covered on the FY2016 statistics page.

Cumulative Figures as of September 30, 2016

Events from September 16, 2012 to September 30, 2016, by trial type:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	5,143	37	476	14	5,670
Institution decisions: instituted	2,519	14	263	0	2,796
Institution decisions: denied	1,690	9	168	3	1,870
Institution rate (by petition)	59.8%	60.9%	61.0%	0.0%	59.9%
Final written decisions	1,251	3	152	0	1,406

Terminations without a final written decision	Count
Settlements	699
Adverse judgment	0
Dismissed	0
Other terminations	101

Fiscal Year 2016 to Date

Events from October 1, 2015 to September 30, 2016:

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	1,565	24	94	6	1,689
Institution decisions: instituted	880	11	52	0	943
Institution decisions: denied	648	7	58	0	713
Institution rate (by petition)	57.6%	61.1%	47.3%	—	56.9%
Final written decisions	643	3	70	0	716

Terminations without a final written decision	Count
Settlements	275
Adverse judgment	0
Dismissed	0
Other terminations	60

Change Since July 31, 2016

Between the previous dated page (July 31, 2016) and September 30, 2016, 299 petitions were filed, 154 trials were instituted, 86 petitions were denied institution and 127 final written decisions issued. The cumulative institution rate moved from 59.7% to 59.9%.

Trial Types Covered

5,143 of the 5,670 petitions (90.7%) 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 (476), post-grant review under chapter 32 (37) and derivation proceedings (14). 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, 2016: 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 2016
• PTAB trial statistics as of July 31, 2016 (previous date)
• PTAB trial statistics as of January 31, 2017 (next date)
• PTAB statistics by fiscal year, with charts
• Reading PTAB trial outcomes
• USPTO PTAB statistics (official reports)