PTAB Discretionary / Institution Decisions

Director discretionary decisions and Board institution decisions issued on or after January 1, 2024

Discretionary & Institution Decisions After January 1, 2024

Director discretionary decisions (deny / refer) and Board institution decisions (granted / denied), from the USPTO Open Data Portal. Data refreshed daily.

Discretionary Decision = the Director's bifurcated-process decision to discretionarily deny the petition or refer it to the Board for a merits (institution) decision. Institution Decision = the Board's decision to institute (granted) or not (denied). Compiled from USPTO metadata — informational only; verify against the official decision.

Rates Over Time

Rate per month, reflecting the filters above. Each chart starts at the first period with a decision.
Discretionary Denial Rate (% of Director decisions that denied)
Institution Grant Rate (% of institution decisions granted)

Proceedings

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