This figure shows PGR institution rates by technology. Within this relatively small data set, PGR institution rates varied, with TC 1600 patent challenges being instituted at a similar rate compared to that for all PGR institutions (49%, n=37 of 75 and 48%, n=139 of 290, respectively), while Orange Book-listed drug and biologic drug patent challenges were instituted less frequently (23%, n=3 of 13 and 36%, n=4 of 11, respectively). While the data available is still limited (N=24 for Orange Book and biologic drug PGRs), we continue to monitor PGR decisions on those patents to determine whether this trend continues.
About 14% of PGRs terminate prior to institution (n=47 of 337, data not shown). This is consistent across various technologies with about 13% (n=2 of 15) of Orange Book drug PGRs and 8% (n=1 of 12) of biologic drug PGRs terminating prior to institution (data not shown).
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