Patexia Insight 247: Five Years of PTAB Data, From Filings to Final Decisions

Over the past decade, the Patent Trial and Appeal Board (PTAB) has become one of the most influential venues in U.S. patent law. From fast-moving Inter Partes Reviews (IPRs) to Post-Grant Reviews (PGRs), PTAB has redefined how companies defend, challenge, and negotiate patents. Its decisions ripple far beyond the Boardroom, influencing district court cases, licensing strategies, and the valuation of entire patent portfolios.

But how has PTAB activity evolved in recent years? And what can five years of data tell us about filing behavior, outcomes, and the parties influencing patent disputes at the Board? Tomorrow, we release our 2025 PTAB Intelligence Report, which was designed to answer exactly these questions. Covering five years of filings, outcomes, and rankings, the report provides a thorough view of the companies, law firms, and attorneys active in PTAB practice today. In this article, we highlight two of the core building blocks of this analysis: yearly filing trends and the outcomes of completed proceedings.

Year-over-Year Analysis

A review of the past five years shows that Inter Partes Reviews (IPRs) continue to dominate PTAB activity, accounting for more than 90 percent of all filings. IPR activity peaked in 2020 with 1,443 petitions, then trended downward through 2023, reaching a low of 1,157. The following year saw renewed momentum with 1,318 filings, and in the first half of 2025, 700 petitions were submitted. At the current pace, the year is likely to close near 2024 levels.

Post Grant Reviews (PGRs), though a smaller share of the docket, have shown greater volatility. After climbing to 83 in 2021, filings dropped sharply to the mid-30s in 2022 and 2023, before edging back up to 43 in 2024. The first half of 2025 already saw 34 petitions, signaling that the year could end higher than 2024 if this pace continues.

Derivation proceedings remain an outlier, with no activity in 2020 and only one to three filings annually thereafter. While these numbers are negligible relative to IPRs, they underscore that the proceeding, though rarely invoked, remains available as a procedural option.

Outcomes of IPR Proceedings

Turning to the outcomes of completed IPRs, the data show that a substantial portion of cases reach resolution without proceeding to trial. Of the 5,415 non-pending IPRs as of September 1, 2025, Terminated-Settled cases represent the largest share at 33.0%, closely followed by Final Written Decisions (FWD Entered) at 32.1%. Cases denied institution (Terminated-Denied) make up 30.7%, while less common outcomes, including Terminated and Terminated-Adverse Judgment, together account for roughly 4.3%. This distribution illustrates that approximately two-thirds of IPRs conclude through settlement or a final written decision, emphasizing the significant role of negotiated resolutions alongside formal PTAB determinations, while about one-third of petitions are denied or otherwise terminated before trial.

The trends in filings and outcomes offer a window into strategic behavior at the PTAB. The dominance of IPRs underscores their continued role as the primary mechanism for challenging patents efficiently, while the volatility in PGR filings reflects their use in narrower, high-stakes scenarios. The distribution of case outcomes also reveals how parties balance risk and strategy: roughly one-third of IPR petitions are denied or otherwise terminated before trial, highlighting the importance of careful petition preparation. Meanwhile, the substantial share of settlements illustrates that both petitioners and patent owners often leverage PTAB proceedings to negotiate favorable outcomes without the need for a final written decision.

Explore the Full Report

The 2025 PTAB Intelligence Report provides high-level insights into trends and outcomes across PTAB proceedings, including key metrics related to IPC codes, PGR case statuses, and top technologies in terms of settlements, claim invalidations, and Final Written Decisions. Leveraging our proprietary ranking methodology, the report also evaluates and ranks all participating companies, law firms, and attorneys, offering a comprehensive view of activity and performance across the PTAB ecosystem.

This report is designed to be a practical tool: law firms and in-house counsel can benchmark performance, identify the most active and successful players, and assess competitive positioning. Attorneys can evaluate trends, compare their activity to peers, and explore opportunities for growth and engagement in PTAB proceedings.

For a deeper analysis and to explore the full rankings, be sure to get your copy of the report, available for pre-order today at a special rate and for purchase starting tomorrow: 2025 PTAB Intelligence Report.