The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year.  The Patent Office notes that on a per-patent-challenged basis, rather than per-petition, the institution rate for FY 2022 so far is 69% (616 instituted, 271 denied).

Through August FY 2022, 1221 IPR petitions and 45 PGR petitions have been filed.  At that pace,1332 IPR petitions would be expected in FY 2022, compared to a similar 1308 in FY 2021, 1429 in FY 2020, and 1394 in FY 2019.  The current pace represents a 27% drop from the 1812 IPRs filed in FY 2017.  August IPR petitions (118) were the third highest seen in the past year (April 2022 – 126).

The PTAB’s statistics through August 2022 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may be accessed here.