Post-Grant Proceedings Statistics Available Weekly

Post-Grant Proceedings Statistics Available Weekly

Anthony-DerosaBy Anthony DeRosa

For those of you who love numbers, the USPTO releases updated statistics every week on the progress of the AIA post-grant proceedings, which include inter partes review (IPR), post grant review (PGR), and covered business method (CBM) proceedings.  These statistics are generally released every Friday and are broken down by USPTO fiscal year, which is October 1 to September 30.

As of November 21, 2013, 683 IPR petitions and 89 CBM petitions have been filed with the Patent Trial and Appeal Board (PTAB).  These numbers indicate what all of us who are following these proceedings already expected: the filing of petitions shows no sign of slowing down.  In FY14 (since October 1) 188 petitions have been filed; at this rate, the PTAB is on pace to receive over 950 petitions this fiscal year!  This would be a remarkable jump compared to the 563 petitions that were filed during the first full year these proceedings were available.

The Board does not appear to be slowing down in its institution of trials either, with trials being instituted around 80% of the time.

AIA_Trials_Instituted_Disposals_11_21_2013

The USPTO also provided a breakdown of the technologies at issue in the proceedings.  As shown below, an overwhelming majority of the petitions continue to be in the electrical/computer field.

AIA_Petition_Technology_Breakdown_11_21_2013