PTAB Statistics for Final Written Decisions Issued in March and April 2025

PTAB trial outcomes in March and April generally tracked long-term statistical trends.  In March, the PTAB cancelled 375 (72.25%) instituted claims across 34 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.  After review, 138 (26.59%) instituted claims survived, and patent owners conceded 6 (1.16%) 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 22 (64.71%) decisions, all instituted claims survived in 8 (23.53%) decisions, and 4 (11.76%) decisions had a mixed outcome in which at least one instituted or substitute claim survived and at least one instituted claim was cancelled. 

In April, a relatively difficult month for patent owners, the PTAB cancelled 237 (84.64%) instituted claims across 22 IPR and PGR Final Written Decisions. In those decisions, 43 (15.36%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer. 

On a per-case basis, no instituted or substitute claims survived in 16 (72.73%) decisions, all instituted claims survived in 3 (13.64%) decisions, and a mixed outcome occurred in 3 (13.64%) decisions in April.  

Turning to motions to amend that were addressed on the merits in a Final Written Decision, the PTAB has cumulatively granted 677 (15.54%) proposed substitute claims while denying 3,679 (84.46%) proposed substitute claims through April 30, 2025. 

Patentees have had slightly more success with motions to amend in PGRs.  Through April 30, 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 April 30, 2025, broken down by technology center, is as follows:

The cumulative number of Final Written Decisions through April 30, 2025, separated by technology center, is as follows:

Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through April 30, 2025, are available here on the At the PTAB blog. 

Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients.  Stay tuned to the At the PTAB Blog for the latest updates, analysis, and statistics on all aspects of PTAB practice.  Subscribe to receive notifications of new posts via email.