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ARTICLE · 14 MARCH 2018

PTAB Releases Orange Book Stats

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Just over half of all final written decisions for petitions challenging Orange Book-listed patents find all claims patentable.

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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In today's Boardside Chat, the Patent Trial & Appeal Board (PTAB) explained  expanded panel practice, and provided some useful insight into its work on Orange Book patents.

The statistics (here) highlight:

  • 83% of all petitions challenging Orange Book-listed patents result in the patent being unchanged by PTAB
  • The cumulative institution rate for Orange Book petitions (66%) is essentially the same as the cumulative overall institution rate (68%)
  • Just over half of all final written decisions for petitions challenging Orange Book-listed patents find all claims patentable
  • 80% of all challenged Orange Book-listed patents have 1 or 2 petitions, compared to 87% of all challenged patents
  • 85% of all challenged Orange Book-listed patents have 1 or 2 petitioners, compared to 94% of all challenged patents

Petitions Challenging Orange Book-listed Patents

(as of End FY17: 9/16/12 to 9/30/17)

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