The All-Claims Invalidation Rate has increased from 55% to 70% since 2019, reflecting a U.S. patent system that is out of balance.
Currently, a patent reaching a final written decision in an IPR will on average have 78% of its claims found invalid.
When there is a final written decision, 70% of the time all challenged claims in the patent are found invalid.
Most petitions result in institution, and many patents are subjected to multiple petitions over time so they eventually will be subjected to a full AIA proceeding.
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