AIA Trial Institution Rates Are Good News For Patent Owners
By Kerry Taylor and Nathanael Luman (May 24, 2017, 11:02 AM EDT) -- The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down. The overall trial institution rate, which includes institution decisions across all technology areas, decreased for IPRs by two percentage points to 66 percent, dropped 15 percentage points to 41 percent for CBMs, and fell 23 percentage points to 38 percent for PGRs. Breaking down institution rates by different technology areas reveals a more complex situation. Over the first half of FY 2017, the institution rate for electrical and computer patents held steady at 67 percent, the rate for mechanical and business method patents decreased 12 percentage points to 64 percent, the rate for chemical patents decreased four percentage points to 50 percent, and the rate for biotechnology and pharmaceutical patents increased seven percentage points to 68 percent....
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