PTAB Statistics: Fiscal Year 2022

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2022, which ran from October 1, 2021 to September 30, 2022. Each figure is a count of USPTO Open Data Portal records; the methodology on the statistics page explains the counting rules.

Figures by Trial Type

Petitions are counted by filing date. Institution decisions, final written decisions and terminations are counted by the date of the event, so a petition filed in one fiscal year may be decided in the next.

Measure	IPR	PGR	CBM	DER	Total
Petitions filed	1,320	47	0	2	1,369
Institution decisions: instituted	742	28	0	1	771
Institution decisions: denied	378	29	0	2	409
Institution rate (by petition)	66.3%	49.1%	—	33.3%	65.3%
Final written decisions	463	13	11	0	487

Terminations without a final written decision	Count
Settlements	339
Settled before institution	173
Settled after institution	166
Adverse judgment	20
Dismissed	3
Other terminations	42

Figures by Trial Type in Detail

Inter Partes Review (IPR)

In FY2022, 1,320 IPR petitions were filed (96.4% of all AIA petitions). Of 1,120 IPR institution decisions, 742 instituted a trial and 378 denied institution, a rate of 66.3%. The Board issued 463 IPR final written decisions. An IPR may be instituted only on a reasonable likelihood that the petitioner will prevail on at least one claim (35 U.S.C. § 314(a)), on grounds of anticipation or obviousness over patents and printed publications. See the inter partes review guide for the procedure.

Post-Grant Review (PGR)

In FY2022, 47 PGR petitions were filed (3.4% of all AIA petitions). Of 57 PGR institution decisions, 28 instituted a trial and 29 denied institution, a rate of 49.1%. The Board issued 13 PGR final written decisions. A PGR petition must be filed within nine months of grant and must show that it is more likely than not that at least one claim is unpatentable (35 U.S.C. § 324(a)). See the post-grant review guide for the procedure.

Covered Business Method Review (CBM)

In FY2022, 0 CBM petitions were filed (0.0% of all AIA petitions). No CBM institution decisions were recorded. The Board issued 11 CBM final written decisions. CBM review applied to covered business method patents and closed to new petitions on September 16, 2020. See the covered business method review guide for the procedure.

Derivation Proceedings (DER)

In FY2022, 2 DER petitions were filed (0.1% of all AIA petitions). Of 3 DER institution decisions, 1 instituted a trial and 2 denied institution, a rate of 33.3%. The Board issued 0 DER final written decisions. Derivation proceedings decide whether an inventor named in an earlier application derived the claimed invention from the petitioner’s inventor; they are few in number, so rates rest on small counts. See the guide to the Patent Trial and Appeal Board for the procedure.

How Proceedings Ended

Of the proceedings that ended during the period, 487 ended in a final written decision under 35 U.S.C. § 318, 339 in settlement under 35 U.S.C. § 317 (173 before institution and 166 after), 20 in adverse judgment, 3 by dismissal and 42 by other termination. Denials of institution are counted separately above. A final written decision can lead to estoppel against the petitioner; see estoppel arising from PTAB trials.

Legal and Policy Context

In June 2022 the USPTO Director issued interim guidance limiting discretionary denial of IPR and PGR petitions based on parallel district court litigation.

These events are noted for context; the statistics alone do not show what caused any change.

Summary

• Inter partes review accounted for 96.4% of petitions filed.
• Petitions fell by 32 from FY2021 (1,401), a change of 2.3%.
• The institution rate rose by 6.0 percentage points from 59.3% in FY2021.
• By type, the institution rate was 66.3% for IPR petitions and 49.1% for PGR petitions.
• Of 891 proceedings that ended after institution or by settlement or other termination in the year, 487 (54.7%) ended in a final written decision.

Other Fiscal Years

FY2021 · FY2023 · All fiscal years and charts

Final written decision outcomes (all, some or no challenged claims unpatentable) are not reported because the USPTO records state them for too few decisions; see the methodology. Figures may differ from the USPTO’s published reports. For how trials end and why reported rates differ, see reading PTAB trial outcomes.