Claim and Case Disposition

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.

DISCLAIMER: These materials have been prepared solely for educational purposes to contribute to the understanding of U.S. intellectual property law. While the authors and Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (including Finnegan Europe LLP, and Fei Han Foreign Legal Affairs Law Firm) made every attempt to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.

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2 thoughts on “Claim and Case Disposition

  1. Eric Nuss says:

    What about specific statistics regarding independent claims that survive?

    • Finnegan AIA Blog says:

      Thank you for your comment. We are always open to suggestions about how to improve the information provided. With every update, we consider ways to change our data collection process, what numbers to display, and how we display them. We aren’t currently tracking disposition of independent claims separately, but we may work that into our numbers in the future.

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