Authors: Elliot C. Cook, Daniel F. Klodowski, David C. Seastrunk
The following statistics provide several perspectives on post-grant practice at the USPTO. The information was compiled from all PTAB final written decisions on the merits published on the USPTO’s Patent Review Processing System (PRPS) as of the stated date. These statistics do not include settlements, requests for adverse judgment, motions to terminate, still-pending cases, requests for rehearing, or appellate outcomes. The statistics reflect case outcomes on both a per-claim and per-case basis, and incorporate a number of decisions and assumptions designed to eliminate redundancy while providing the most impartial, accurate, and useful information possible. While care has been taken to ensure the accuracy of this data, these numbers should be treated as an estimate.
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