IPR and PGR Statistics for Final Written Decisions Issued in May 2026

In May, the PTAB cancelled 228 (71.25%) instituted claims across 24 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 91 (28.44%) instituted claims survived. 

For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.

On a per-case basis, no instituted or substitute claims survived in 16 (66.67%) decisions, all instituted claims survived in 4 (16.67%) decisions, and a mixed outcome occurred in 4 (16.67%) decisions. A mixed outcome occurs where at least one instituted or substitute claim remains patentable, and at least one is cancelled, in a Final Written Decision. 

Through May 31, 2026, the PTAB has cumulatively granted 703 (15.6%) proposed substitute claims in motions to amend while denying 3,803 (84.40%) proposed substitute claims in IPRs. 

The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through May 31, 2026, broken down by technology center, is as follows:

The cumulative number of Final Written Decisions through May 31, 2026, separated by technology center, is as follows:

Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through May 31, 2026, are available here on the At the PTAB blog.