ARTICLE
24 August 2016

Analyzing The PTAB In The First Half Of 2016

FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Contributor

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
All post-grant proceedings at the USPTO start with the filing of a petition and progress through two general phases—a pre-institution phase and a post-institution phase.
United States Intellectual Property

All post-grant proceedings at the USPTO start with the filing of a petition and progress through two general phases—a pre-institution phase and a post-institution phase. The USPTO's Patent Trial and Appeal Board (PTAB) must decide if the petition raises sufficient grounds to institute trial in view of any arguments submitted by the patent owner in a preliminary response. While the rate of institution varies by technology, in general, the percentage of institution ranges between 55% and 75% on a per-claim basis. In the first half of 2016, institution rates declined compared to the lifetime average. In this article, Finnegan attorneys Joshua L. Goldberg, Daniel F. Klodowski, and  David C. Seastrunk analyze institution and final written decisions at the PTAB in the first half of 2016.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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