Introducing: IPR And CBM Instituted Claim Survival Rate By Technology Center

Through December 1, 2015, the PTAB has ruled on the patentability of 9,351 instituted claims through final written decisions in IPR and CBM proceedings, with 7,442 (79.58%) instituted claims being cancelled by the PTAB, 1,571 (16.80%) instituted claims surviving, and 339 (3.62%) instituted claims being conceded by the patent owner. More detailed cumulative disposition statistics on the Board's IPR and CBM decisions, updated through December 1, 2015, are available here on the AIA Blog.

It is clear, however, that the Board has not disposed of patent claims equally across the various technology centers to which the Board assigns its cases. While the overall survival rate of instituted claims across all technology centers through December1 is 16.80%, a number reflecting both claims cancelled by the Board and claims conceded by patent owners, the survival rates of claims in certain technology centers deviate substantially from the mean.