The USPTO released statistics on AIA petitions (11/30/16) which are available here:

Click to access aia_statistics_november2016.pdf

The PTO data includes Covered Business Method (CBM) and Post-Grant Reviews (PGRs) but the Inter Partes Review (IPR) is by far the most-used pathway. Some of the important points regarding IPRs, especially those related to biotech/pharma and chemical fields, are summarized below:

1565 total IPRs in FY 2016 (1737 in FY 2015)

Bio/Pharma (TC 1600): total IPRs in fiscal year 2015 (FY15)=167; FY16=212 (up 27%); 25 filed so far in FY17 (slide 5).

Chemical (TC 1700): 90 in FY 15 to 115 during FY16) (up 28%).

Of the total 1565 IPRs filed in FY16, patent owner responses were not filed in 239.

63% and 70% of biotech/pharma and chemical IPR petitions, respectively, were instituted…thus, most petitions are instituted.

Slide 9 is directed to settlements (about 26-27% FY15-16), no breakdown for biotech/pharma or chemical.

Slide 12 shows that IPR was instituted for about half of the challenged claims (28,123 of 60,242), and about half of those challenges were successful (14,460 of 28,123 claims).

In the chemical area, 64% of challenged claims were found to be unpatentable and 5% cancelled or disclaimed by the owner (total=69%) (slide 14)

In the biotech/pharma area, 39% of challenged claims were found unpatentable and 8% cancelled or disclaimed by the owner (total=47%). 34% of challenged claims were determined to be patentable.

This entry was posted in America Invents Act, Inter Parties Review (IPR), IPR. Bookmark the permalink.

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