2024 PTAB Year in Review: Analysis & Trends

The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key Director Review decisions and ongoing issues at the interface between the PTAB and district courts. Our 2024 PTAB Year in Review report provides an in-depth exploration of these key developments and more, offering insights into the evolving dynamics at the PTAB and their broader implications for practitioners, patent holders, and challengers alike.

This year, we analyze case highlights from the past year, review the latest USPTO rulemaking efforts at the PTAB, and explore newly codified procedures, such as the Director Review process. Key topics also include the delineation of permissible arguments in replies, signature requirements at the PTAB, and significant shifts at the Federal Circuit. Additionally, the report takes a closer look at strategic challenges in PTAB practice, such as navigating IPR estoppel, leveraging experimental data in proceedings, and addressing genus claims. Complemented by statistical overviews and analyses, our comprehensive review serves as a guide to understanding the PTAB’s trajectory and being prepared for what lies ahead.

We encourage you to not simply read the articles, but also to critically challenge our analysis and consider the impact of these issues on your patent litigation and portfolio development strategies. We thank our authors and our entire PTAB Trials team for making this publication possible. We appreciate your interest in this report and welcome the opportunity to discuss PTAB matters and how they may impact your business. If you have questions or topics you would like to see us cover in 2025, please do not hesitate to contact us directly to start the conversation.

Download the full report by clicking the Download PDF button or view the individual articles by clicking on the titles below in the Table of Contents. 

Table of Contents

• 2024 PTAB Case Highlights
• USPTO Rulemaking in 2024 Related to PTAB Practice and Procedures
• Process and Procedures for Director Review of PTAB Decisions Codified in 2024
• Scope of Reply: The Line Between Presenting Permissible Responsive Arguments and Raising Impermissible New Arguments Continues to Take Shape
• From the GC: Signature Requirements at the PTAB
• Developments at the PTAB and Federal Circuit in § 102(e) Jurisprudence
• Splitting Hairs – IPR Estoppel as Applied to Product Art
• Key 2024 PTAB Statistics
• Caveat Experimenter: Using Experimental Data in PTAB Proceedings Comes With Risks
• A Survey of AIA 35 U.S.C. § 102(b) Prior Art Exceptions at the PTAB
• The PTAB Continues to Shape Application of the Lead-Compound Analysis in Chemical Obviousness Cases
• PTAB Trends in 2024: Challenges to Genus Claims
• Supplemental Examination: Five Takeaways from the Last Five Years