12 December 2017
New York
Reporter: Barney Dixon

Patent owners winning in IPR

Patent owners are winning more than losing in inter partes review (IPR) proceedings, according to a study from law firm Fitzpatrick, Cella, Harper & Scinto.

The firm found that, “despite the initial reputation of IPR proceedings being that of patent killers, patent owners are winning more cases than ever”.

The study showed that the rate at which patent claims were found unpatentable by the US Patent and Trademark Office’s (UPSTO) Patent Trial and Appeal Board (PTAB) fell in 2016, while the number of claims in dispute rose.

In each quarter of 2016, the survival rate of claims in final written decisions was more than 50 percent, compared to the previous two years in which the survival rate surpassed 50 percent only once.

The PTAB also saw a sharp increase in workload, with 12,732 claims at issue in cases decided by the PTAB in 2016. This was more than in all previous years combined.

Justin Oliver, partner at Fitzpatrick, Cella, Harper & Scinto and author of the report, commented: “While PTAB judges were busier than ever last year on a claim-by-claim basis, that increase in activity hasn’t created any negative trends for patent owners.”

“In fact, this year’s report shows just the opposite. It’s evident that 2016 was the best year ever for patent holders in IPRs.”

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