Discretionary denials have increased and institution rates for inter partes review have dropped, giving patent owners more relief at the front end. Institution rates fell from 74% in FY 2024 to 43% so far in FY 2026. After an IPR is instituted, patent owners remain at significant risk because the post-institution kill rate has not meaningfully changed. Final written decisions show high rates of unpatentability: FY 2024 had 70% all claims unpatentable and 85% with at least one claim unpatentable. FY 2025 had 64.6% all claims unpatentable and 84% with at least one claim unpatentable. From Oct. 1, 2025 to Mar. 31, 2026, 61% were all claims unpatentable and 80% had at least one claim unpatentable.
"The institution rate may have fallen from 74% in FY 2024 to 43% so far in FY 2026, which is unquestionably a positive development for patent owners. But once an IPR is instituted, the patent owner remains in grave danger. The PTAB's post-institution kill rate has not meaningfully changed."
"During FY 2024, of those IPRs and post grant review (PGRs) reaching a final written decision, 312 found all claims unpatentable, 67 were a mixed ruling, and 67 found all claims patentable. So that is 70% all unpatentable, with 85% finding at least one claim unpatentable ( see slide 10)."
"During FY 2025, of those reaching a final written decision, 250 found all claims unpatentable, 75 were mixed, and 62 found all claims patentable. So, that is 64.6% all unpatentable with 84% finding at least one claim unpatentable ( see slide 11)."
"From October 1, 2025 through March 31, 2026 -the last period for which the USPTO has made this data available-of those reaching a final written decision, 149 found all claims unpatentable, 46 were mixed, and 49 found all claims patentable. So, that equates to 61% all unpatentable with 80% finding at least one claim unpatentable."
Read at IPWatchdog.com | Patents & Intellectual Property Law
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