This figure shows PGR and IPR institution rates over time.[1] PGR institution rates (teal line) were generally trending lower from their inception through FY 2021, but increased in FY 2022 and FY 2023 and surpassed IPRs in FY 2023 for the first time since FY 2015. In the first six months of FY 2024, PGR institution rates dropped below that of IPRs and are similar to those seen in FY 2022.
[1] IPR institution rates are based on PTO data available at: https://www.uspto.gov/patents/ptab/statistics/aia-trial-statistics-archive.
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