The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 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% (135 instituted, 60 denied).  August per-petition institutions were 70 institutions to 17 denials (80% institution).

Through November FY 2022, 218 IPR petitions and 10 PGR petitions have been filed.  At that pace,1308 IPR petitions would be expected in FY 2022, compared to exactly the same 1308 in FY 2021, 1429 in FY 2020, and 1394 in FY 2019.  The current pace represents a 28% drop from the 1812 IPRs filed in FY 2017.  November IPR petitions (100) were the third lowest seen in the past year (January 2021 – 74).

The PTAB’s statistics through November 2021 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may be accessed here.