IPR Institution Rates for Trials Terminated 2021-2023 Vary by PTO Technology Center for the Challenged Patent

There are nine Technology Centers in the U.S. Patent and Trademark Office, where each technology center comprises groups of patent examiners with specific scientific or technical domain expertise such as Semiconductors, Electrical and Optical Systems and Components (Technology Center 2800) or Communications (Technology Center 2600).

Lex Machina’s Patent Trial and Appeals Board (“PTAB”) data on Inter Partes Review (“IPR”) trials that terminated between January 1, 2021 to December 31, 2023, shows how IPR institution and denial rates vary with the technology center of the challenged patent.

Organizing the IPR data by technology center where at least 100 IPR petitions were filed at the PTAB, we noted the following:

• The highest institution rate for IPR trials was for patents from Technology Center 1600, (Biotechnology and Organic Chemistry) at 61%. The institution rate for patents from Technology Center 3700 (Mechanical Engineering, Manufacturing, Products) was a close second at 60%.
• The lowest institution rate was for patents from Technology Center 2400 (Computer Networks, Multiplex Communication, Video Distribution and Security) at 46%.
• The highest rate of denied institutions was for patents from Technology Center 1700 (Chemical and Materials Engineering) and from Technology Center 3600 (Transportation, Construction, Electronic Commerce, Agriculture, National Security and License & Review), both at 30%.
• The lowest rate of denied institutions was for patents from Technology Center 2400 (Semiconductors, Electrical and Optical Systems and Components) at 15%, followed by patents from Technology Center 3700 (Mechanical Engineering, Manufacturing, Products) at 18%.