Insights

PTAB Statistics Through Two Months of FY 2026

PTAB Statistics Through Two Months of FY 2026, PTAB Litigation Blog

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The institution rate for post-grant petitions in FY 2026 through the end of November (the period from Oct. 1, 2025 through November 30, 2025) stands at 37% (118 instituted, 197 denied).  As expected, this rate is substantially lower than the previous two fiscal years (50% in FY 2025 and 68% in FY 2024).  The November rate was 36% (51 instituted, 90 denied).  While these rates are low, they are higher than those observed in mid-2025, where July-September institution rates were 24%, 20%, and 27%, respectively.

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