The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable insights into the trends and outcomes of PTAB trials over the past year. Here are the key takeaways, updated with statistics from the October 31, 2024 presentation:
Petition Filings by Trial Type
In FY2024, a total of 1,288 petitions were filed, with the vast majority being Inter Partes Review (IPR) petitions (97%) and a smaller portion being Post Grant Review (PGR) petitions (3%). This distribution highlights the continued preference for IPRs as the primary mechanism for challenging patents. In addition, in the month of October there were 90 IPR and 2 PGR petitions filed.
Technology Breakdown
The report provides a detailed breakdown of petitions filed by technology sector. Electrical/Computer technology dominated the filings, accounting for 69% of the total, followed by Mechanical & Business Methods at 22%, Bio/Pharma at 6%, and Chemical at 3%. This data underscores the significant focus on high-tech industries in patent disputes.
Institution Rates
Institution rates, which indicate the percentage of petitions that proceed to trial, varied by technology. Overall, the institution rate for IPRs was 68% by petition and 74% by patent while PGRs had a lower institution rate. These rates reflect the rigorous scrutiny applied to petitions before they are allowed to proceed.
Settlement Trends
Settlements continue to play a crucial role in PTAB proceedings. In FY2024, the settlement rate was 32%, with a notable increase in post-institution settlements compared to previous years.
Outcomes by Petition and Patent
The report also details the outcomes of PTAB trials. Final Written Decisions (FWDs) on patentability or unpatentability were issued for a significant number of petitions, with mixed outcomes often observed for patents receiving multiple types of decisions. This highlights the complexity and variability of PTAB trial outcomes.
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