Discretionary Denial Statistics, PTAB Litigation Blog
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Since the inception of the bifurcated review process at the PTAB, Jones Day has been analyzing every discretionary decision released by the Office. Deputy Director Coke Morgan Stewart continues to be the key decisionmaker here because, shortly after his confirmation, USPTO Director John Squires delegated the authority to exercise discretion on institution of AIA proceedings to the Deputy Director. The following statistics show the landscape of the bifurcated review process as of October 9, 2025.
The Deputy Director (and an APJ who has filled in when she was recused) have decided 526 cases. The discretionary denial rate is 61%.
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