In the final quarter of 2022, the Patent Trial and Appeal Board issued 128 IPR, CBM, and PGR Final Written Decisions, including decisions following remand from the Federal Circuit. The PTAB cancelled 1,583 (71.24%) instituted claims, with 602 (27.09%) instituted claims surviving review. Patent owners conceded 37 (1.67%) instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average survival rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 78 (60.94%) decisions, all instituted claims survived in 27 (21.09%) decisions, and a mixed outcome occurred in 23 (17.97%) 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 December 31, 2022, the PTAB has cumulatively granted 595 (17.57%) proposed substitute claims in motions to amend while denying 2,791 (82.43%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through December 31, 2022, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through December 31, separated by technology center, is as follows:
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