March 9, 2017

IPR – The Odds Still Favor Petitioners, and Greatly Favor Smart Petitioners

By Bryan K. Wheelock, Principal

The USPTO’s most recently published IPR statistics show that the odds still greatly favor the patent challenger:

IPR, inter partes review, patent litigation

Given that a settlement (presumably), a request for adverse judgment, and a finding of patentability are all good outcomes for the patent challenger, patent challengers have “won” 58.4% of the time, and when you add in invalidation at least some of the time, then the patent challenger improves its situation 63.9% of the time.

The odds are even better for petitioners who do their homework and present a grantable petition.  For petitions for which trial is instituted, the challengers win 77.8% of the time, and at least improve their situation 86.4% of the time.