PTAB Statistics for Final Written Decisions Issued in December 2024 and January 2025

In December, the PTAB cancelled 370 (77.57%) instituted claims across 27 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.  After review, 102 (21.38%) instituted claims survived, and patent owners conceded 5 (1.05%) instituted claims through motions to amend or disclaimer.  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 15 (55.56%) decisions, all instituted claims survived in 7 (25.93%) decision, and 5 (18.52%) decisions had a mixed outcome in which at least one instituted or substitute claim survived and at least one instituted claim was cancelled.  

In January, a relatively favorable month for patent challengers, the PTAB cancelled 491 (80.49%) instituted claims across 33 IPR and PGR Final Written Decisions. In those decisions, 117 (19.18%) instituted claims survived, and patent owners conceded 2 (0.33%) instituted claims through motions to amend or disclaimer.

On a per-case basis, no instituted or substitute claims survived in 19 (57.58%) decisions, all instituted claims survived in 3 (9.09%) decisions, and a mixed outcome occurred in 11 (33.33%) decisions in January.

Turning to motions to amend that were addressed on the merits in a Final Written Decision, the PTAB has cumulatively granted 662 (15.61%) proposed substitute claims while denying 3,580 (84.39%) proposed substitute claims through January 31, 2025. 

Patentees have had slightly more success with motions to amend in PGRs.  Through January 31, 2025, the PTAB granted 69 (20.60%) proposed substitute claims in PGR motions to amend while denying 266 (79.40%) proposed substitute claims.

The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through January 31, 2025, broken down by technology center, is as follows:

The cumulative number of Final Written Decisions through January 31, 2025, separated by technology center, is as follows:

Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through January 31, 2025, are available here on the At the PTAB blog.