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.
The analysis has again shown the advantage of obviousness challenges over anticipation challenges for IPRs, along with a corresponding downward trend in the use of anticipation challenges. Additionally, the report shows a slight uptick in IPR unpatentability findings (the chance of a claim being found unpatentable is now about 50%). For PGRs and CBMs, the analysis further confirms the dominance of patent eligibility challenges. This year's analysis also shows another increase 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.