November 14, 2016

As per the statistics from 2015, almost 90% of petitions instituted at the PTAB result in at least one claim being invalidated – while 20% of the petitions result in a full invalidation of all asserted claims.

80% of PTAB petitions that are fully instituted result in successful invalidity – and the rate drops to almost 50% for partially instituted petitions. This statistic highlights an important point – a deep and diligent invalidity effort at the institution stage greatly increases the success rate for the petitioners. Even outside the realms of the PTAB, invalidity through §102 and §103 prior art issues remains the most popular and successful strategy for defense. 

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