JUST THE STATS:
PGR: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS INSTITUTED

Key Finding:

This chart presents success rates, on a claim-by-claim basis, for instituted grounds under Sections 101, 102, 103, and 112 in PGR proceedings that reached final written decisions. The high rates of unpatentability under Sections 101 and 112 are generally in line with the rates found in CBM proceedings, and may stem from the legal nature of the analyses for such grounds.  For prior art grounds, the rates of unpatentability lag behind the corresponding rates for IPRs and CBMs.  Again, however, the sample size for PGRs remains small.  Also of note, while pharmaceutical and chemical patents were the top targets of PGR petitions, a low institution rate for pharmaceutical cases resulted in electrical/computer patents being the top category for PGR final written decisions.