直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Fed. Circ. Affirms PTAB 73% of Time, Finnegan Attys Say

March 4, 2022

Law360

Law360 interviewed Finnegan attorney Dan Klodowski to discuss Patent Trial and Appeal Board (PTAB) statistics over the past ten years. In a recent At the PTAB Blog post, co-authored with Finnegan attorney Eric Liu, the attorneys explained that out of the 987 appeals from the PTAB to the Court of Appeals for the Federal Circuit (CAFC), the CAFC affirmed the PTAB’s decision on 721 cases or roughly 73% of the time. 

Dan and Eric have been tracking the PTAB statistics for the last six years. The PTAB appeals statistics include inter partes reviews (IPR), post-grant reviews (PGR), and covered business method (CBM) reviews.

In September of 2016, they recorded the PTAB affirmance rate to be 79.65%, whereas in their most recent At the PTAB blog post, they recorded the affirmance rate as 73.05%. Dan stated, “I would call that a slight downward trend over time.”

Additionally, Eric and Dan recorded that as of recently, there have been 429 affirmances of PTAB decisions under Federal Circuit Rule 36, accounting for 43.47% of all affirmances. This statistic shows about a 10% drop in comparison to the 2016 rate of affirmance at 53.98%. Dan said: “It’s a significant swing...I’m not quite sure what prompted that change, but I think it is noteworthy and something that we’ve seen as a pretty steady trend where the numbers have been on a downward slope over time.”

In observing the different rates among IPRs, PGRs, and CBMs, the attorneys found PGRs to have a slightly lower rate at 60% compared to IPRs at 73.14% and CBMs at 74%. Dan suspects that the lower rate could be attributed to a smaller sample size of PGRs due to petitioners being restricted to only challenging patents filed after March 15, 2013. He stated, “Of course, that could change over time as we get more decisions.”

Read "Fed. Circ. Affirms PTAB 73% of Time, Finnegan Attys Say"

Tags

Patent Trial and Appeal Board (PTAB), United States Court of Appeals for the Federal Circuit (CAFC)

Related Practices

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Offices

Washington, DC

Related Professionals

Daniel F. Klodowski
Partner
Washington, DC
+1 202 408 4216
Email

Related News

Award/Ranking

Finnegan Recognized Again Among Germany’s Leading Law Firms

October 9, 2026

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Commentary

Catching Up with Hope Shimabuku

September 29, 2026

Commentary

Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool

September 25, 2026

Award/Ranking

Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027

September 24, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Commentary

New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret

September 21, 2026

Commentary

FORUM IP Talks: Dr. Jochen Herr on UPC, FRAND, and Cross-Border Enforcement Topics

September 20, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP