In September and October, the PTAB cancelled 1,143 (79.82%) instituted claims across 70 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 279 (19.48%) instituted claims survived.
For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.
On a per-case basis, no instituted or substitute claims survived in 43 (61.43%) decisions, all instituted claims survived in 14 (20.00%) decisions, and a mixed outcome occurred in 13 (18.57%) decisions. A mixed outcome occurs where at least one instituted or substitute claim remains patentable, and at least one is cancelled, in a Final Written Decision.
Through October 31, 2025, the PTAB has cumulatively granted 681 (15.46%) proposed substitute claims in motions to amend while denying 3,724 (84.54%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through October 31, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through October 31, 2025, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through October 31, 2025, are available here on the At the PTAB blog.
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients. Stay tuned to the At the PTAB Blog for the latest updates, analysis, and statistics on all aspects of PTAB practice. Subscribe to receive notifications of new posts via email.
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