Data and Trends: AIA PTAB Appeals to the Federal Circuit (2023)

Note: Includes reinstated, cross-, and consolidated appeals.

After two years of declines, new appeals from the USPTO increased modestly in FY22. Appeals from district courts increased year over year as well, bucking a trend of declines that dates back to FY16.

PTAB/AIA appeal pendency from docketing to decision increased on both an average and median basis in 2022. At 16.5 months, average time to decision was nearly two months longer than it was in 2021.

After the share of non-precedential opinions ballooned in 2020 and 2021, there were greater proportions of Rule 36 affirmances (41%) and precedential opinions (20%) in 2022.

Overall in 2022, 73% of PTAB/AIA decisions were affirmed, 18% were remanded, 5% were reversed, and 3% were dismissed. The affirmance rate has checked in between 73% and 79% each year since 2016.

This article appeared in the Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions report.

Chart data is sourced from the U.S. Court of Appeals for the Federal Circuit. Please reference the full report for more information and analysis.