PTAB Statistics: Fiscal Year 2026

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2026, which ran from October 1, 2025 to September 30, 2026. 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	453	48	0	0	501
Institution decisions: instituted	314	41	0	0	355
Institution decisions: denied	559	32	0	0	591
Institution rate (by petition)	36.0%	56.2%	—	—	37.5%
Final written decisions	405	22	0	0	427

Terminations without a final written decision	Count
Settlements	200
Settled before institution	67
Settled after institution	133
Adverse judgment	32
Dismissed	0
Other terminations	42

Figures by Trial Type in Detail

Inter Partes Review (IPR)

In FY2026, 453 IPR petitions were filed (90.4% of all AIA petitions). Of 873 IPR institution decisions, 314 instituted a trial and 559 denied institution, a rate of 36.0%. The Board issued 405 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 FY2026, 48 PGR petitions were filed (9.6% of all AIA petitions). Of 73 PGR institution decisions, 41 instituted a trial and 32 denied institution, a rate of 56.2%. The Board issued 22 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.

How Proceedings Ended

Of the proceedings that ended during the period, 427 ended in a final written decision under 35 U.S.C. § 318, 200 in settlement under 35 U.S.C. § 317 (67 before institution and 133 after), 32 in adverse judgment, 0 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

The USPTO’s revised institution procedures adopted in 2025 applied throughout FY2026. Current procedures and guidance are published on the USPTO’s PTAB pages.

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

Summary

• Inter partes review accounted for 90.4% of petitions filed.
• Petitions fell by 932 from FY2025 (1,433), a change of 65.0%.
• The institution rate fell by 9.9 percentage points from 47.4% in FY2025.
• By type, the institution rate was 36.0% for IPR petitions and 56.2% for PGR petitions.
• Of 701 proceedings that ended after institution or by settlement or other termination in the year, 427 (60.9%) ended in a final written decision.

Other Fiscal Years

FY2025 · FY2027 · 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.