PTAB Releases Orange Book Stats

PTAB Explains Orange Book Trial Experiences In today’s Boardside Chat, the Patent Trial & Appeal Board (PTAB) explained expanded panel practice, and provided some useful insight into its work on Orange Book patents. The statistics (here) highlight: •83% of all petitions challenging Orange Book-listed patents result in the patent being unchanged by PTAB •The cumulative institution rate for Orange Book petitions (66%) is essentially the same as the cumulative overall institution rate (68%) •Just over half of all final written decisions for petitions challenging Orange Book-listed patents find all claims patentable •80% of all challenged Orange Book-listed patents have 1 or 2 petitions, compared to 87% of all challenged patents •85% of all challenged Orange Book-listed patents have 1 or 2 petitioners, compared to 94% of all challenged patents Petitions Challenging Orange Book-listed Patents (as of End FY17: 9/16/12 to 9/30/17)

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