PTAB Institution Rate Drops, Petitions Stay Steady In FY 2020

By Britain Eakin (October 26, 2020, 9:49 PM EDT) -- The rate at which the Patent Trial and Appeal Board granted reviews dropped from 63% in fiscal year 2019 to 56% in fiscal year 2020, while the number of PTAB petitions filed stayed relatively in line with the prior two fiscal years, according to the board's statistics.

With the board's institution rate declining, there's now some uncertainty for patent challengers who file petitions at the PTAB because the board is increasingly exercising its discretion to deny petitions, according to Jones Day partner Matthew Johnson, who talked to Law360 on Monday after writing a firm blog post about the statistics.

"Since it's discretionary,...

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