On Jan. 29, 2025, the U.S. Patent and Trademark Office (USPTO) released statistics regarding the number and type of contested proceedings brought to the Patent Trial and Appeal Board (PTAB) in the first quarter of fiscal year 2025 (Q1 FY25), spanning Oct. 1, 2024, to Dec. 31, 2024.
During this period, parties filed substantially more petitions for inter partes review (IPR) and post-grant review (PGR) than were filed in the same period of fiscal year 2024 (Q1 FY24): 347 petitions were filed in Q1 FY25 as compared to 278 in Q1 FY24. This nearly 25% increase in filings may be attributable to the new PTAB filing fees that went into effect Jan. 19, 2025, raising fees for IPR and PGR filings by 25%. Petitioners saved at least $10,000 per IPR petition and nearly $12,000 per PGR petition by filing before the fee increases went into effect.
The percentages of IPR petition filings compared to PGR filings remained constant as compared to FY24 — both FY24 Q1 and at year-end. IPRs continued to account for 97% of PTAB filings and PGRs accounting for 3%. Clearly, IPR remains the dominant mechanism for PTAB review of issued patents.
Institution rates in Q1 FY25 — at 65% of proceedings instituted — remained relatively consistent. In Q1 FY24 and at year-end FY24, rates were 64% and 68%, respectively.
PTAB settlements were down in Q1 FY25, with only 23% of PTAB proceedings settling during this period. By contrast, 29% settled in Q1 FY24, and 32% settled by year-end FY24.
The PTAB reports for overall case outcomes in Q1 FY25:
- 23% settled
- 37% were denied institution
- 7.2% reached a final written decision in which no challenged claims were found unpatentable
- 6.4% reached a final written decision in which some challenged claims were found unpatentable
- 21% reached a final written decision in which all challenged claims were found unpatentable
- 5% were otherwise terminated, for example, through adverse judgment or dismissal
By comparison to Q1 FY24 and year-end FY24, these rates were 28% and 32% (settled); 24% and 28% (denied); 6% and 6% (no claims unpatentable); 8% and 6% (some claims unpatentable); 31% and 26% (all claims unpatentable); 4% and 4% (otherwise terminated).
Finally, during Q1 FY25, 44 requests for Director Review were filed, as compared to 31 in Q1 FY24. Twelve Q1FY25 requests remained pending as of Jan. 15, 2025, with all other requests denied. The increase in Director Review requests may be attributable to final efforts to engage former USPTO Director Kathi Vidal’s attention before the end of her tenure, given her active two and half years administering the Director Review process.
It is difficult to predict what Q2 FY25 has in store for PTAB, with the recent fee increases now in effect and the start of a new administration. Nonetheless, Q1 statistics indicate strong and consistent demand for PTAB adjudication.