The PTAB has published its monthly statistics wrap up for April 2025. As expected, those statistics show a significant decline in the institution rate compared to the first six months of fiscal year 2025. In those first six months, the overall institution rate was 68% (393 of 580). April showed a significant decline, with trial being instituted in only 38 out of 86 matters (44%). That 44% does not include instances where the Acting Director has exercised the PTAB’s discretion to deny institution on Director Review, after a panel had instituted trial, having found that the evidentiary threshold for institution was met.
Drilling down into particular subject matter areas, the institution rate for cases challenging Bio/Pharma patents remained high, where all 8 of those matters were instituted. Chemical patent challenges did not significantly deviate from recent levels, where 4 out of 7 (57%) of trials were instituted. Rates for Electrical/Computer and Mechanical & Business Methods were much lower. In Electrical/Computer matters, 20 trials were instituted while 33 were denied (38% institution), and for patents originating in the Mechanical & Business Method art units, only 6 of 18 petitions (33%) resulted in instituted trials.
We will continue to monitor institution decision trends, where changes to the PTAB’s guidance regarding discretionary denials and the new bifurcated briefing process for addressing discretionary denial issues could produce significant deviation from historical institution rates.
