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)