Venable has released its annual statistical report on AIA trials before the USPTO’s Patent Trial and Appeal Board, including stats for IPRs, PGRs, and CBMs. The in-depth study analyzes the types of arguments that succeed more often than others and the trends over time in PTAB decisions.
For instance, the analysis has again confirmed the advantage of obviousness challenges over anticipation challenges for IPRs, as well as the dominance of patent eligibility challenges for CBMs and PGRs. Additionally, the report shows that the years-long downward trend for unpatentability findings in IPRs may have leveled off (with the chances of a claim being found unpatentable now hovering around 50%). This year’s analysis also shows a significant uptick in the success rate for motions to amend.
Venable presents this analysis to provide practitioners additional data points in order to make informed decisions throughout the AIA trial process.