PTAB Statistics: Fiscal Year 2023

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2023, which ran from October 1, 2022 to September 30, 2023. 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	1,209	30	0	2	1,241
Institution decisions: instituted	731	24	0	0	755
Institution decisions: denied	357	8	0	0	365
Institution rate (by petition)	67.2%	75.0%	—	—	67.4%
Final written decisions	563	20	0	1	584

Terminations without a final written decision	Count
Settlements	418
Settled before institution	187
Settled after institution	231
Adverse judgment	19
Dismissed	2
Other terminations	27

Figures by Trial Type in Detail

Inter Partes Review (IPR)

In FY2023, 1,209 IPR petitions were filed (97.4% of all AIA petitions). Of 1,088 IPR institution decisions, 731 instituted a trial and 357 denied institution, a rate of 67.2%. The Board issued 563 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 FY2023, 30 PGR petitions were filed (2.4% of all AIA petitions). Of 32 PGR institution decisions, 24 instituted a trial and 8 denied institution, a rate of 75.0%. The Board issued 20 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.

Derivation Proceedings (DER)

In FY2023, 2 DER petitions were filed (0.2% of all AIA petitions). No DER institution decisions were recorded. The Board issued 1 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, 584 ended in a final written decision under 35 U.S.C. § 318, 418 in settlement under 35 U.S.C. § 317 (187 before institution and 231 after), 19 in adverse judgment, 2 by dismissal and 27 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.

Summary

• Inter partes review accounted for 97.4% of petitions filed.
• Petitions fell by 128 from FY2022 (1,369), a change of 9.3%.
• The institution rate rose by 2.1 percentage points from 65.3% in FY2022.
• By type, the institution rate was 67.2% for IPR petitions and 75.0% for PGR petitions.
• Of 1,050 proceedings that ended after institution or by settlement or other termination in the year, 584 (55.6%) ended in a final written decision.

Other Fiscal Years

FY2022 · FY2024 · 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.