The Patent Trial and Appeal Board (PTAB) has seen an unprecedented influx of patent challenges, far exceeding initial projections. The volume of petitions has remained high since 2019, with significant peaks occurring in prior years. Despite criticisms of the PTAB, recent data indicates that patent examiners at the USPTO have maintained high performance standards, and their error rates do not support claims of widespread inadequacy. The trend suggests that the challenges in patent litigation may stem more from the nature of patent validity than from examiner mistakes.
The PTAB has come under fire from patent owners since virtually the beginning of its existence. Once predicted to handle between 450 to 500 challenges a year, the PTAB has received 1,395 petitions from April 1, 2024, to March 31, 2025âa significant increase from initial estimates.
What is clear is the PTAB has been used far more than anyone ever anticipated. With 70% of patents reaching a final decision having all claims invalidated, it suggests a concerning issue with patent quality.
Examiners at the USPTO have consistently met or exceeded key performance criteria year after year, suggesting that the challenges faced by patents in the PTAB may not be due to examiner error, as previously assumed.
Under Director Iancu, what was referred to as 'patent correctness indicators' showed that patent examiner quality was excellent from FY 2017 to FY 2024, indicating a high standard of review.
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