JUST THE STATS:
PHARMA IPR: BREAKDOWN BY CLAIM AND CHALLENGE TYPES AND UNPATENTABILITY RATE OF INSTITUTED CLAIMS

Key Finding: This chart presents the percentage of claims found unpatentable under Sections 102 and 103 for the different categories of pharmaceutical claims, out of the claims for which trial was instituted. Interestingly, after the PTAB makes the initial determination to move forward with trial, the likelihood of compound claims being found unpatentable under either Section 102 or 103 rises more dramatically than in other claim categories. As can be seen, an initial determination that a compound claim is unpatentable under Section 102 is unlikely to change with the final written decision. Composition claims fare better than compound claims post-institution. Process-of-preparing claims see high rates of unpatentability across the board, which may relate to the very small sample size for that category (80 claims).