Bio/pharma IPRs by the numbers
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Bio/pharma IPRs by the numbers

Figures discussed at the BIO International Convention reveal that bio/pharma IPRs at the Patent Trial and Appeal Board have a lower institution rate and lower claim-cancellation rate than for all IPRs

According to the USPTO’s latest statistics, there have been 108 PTAB petitions filed in the TC 1600 class covering bio/pharma patents. This is 8.1% of all petitions filed.

At the BIO International Convention, the USPTO’s Jackie Wright Bonilla provided further detail on how the TC 1600 class stacks up to others.

She revealed the TC 1600 class has a 64% institution rate for inter partes review (IPR) petitions. This is lower than the 76% institution rate for all IPRs.

The rate of claims being cancelled by the Board in pharma IPRs is also below the average. The TC 1600 class has had 28 final written decisions. In these, 75.5% of instituted claims were cancelled (309 claims cancelled and 100 claims found patentable) and 71.7% of challenged claims were cancelled.

In comparison, in the 323 final written decisions in all IPRs 82.5% of instituted claims have been cancelled and 75.3% of challenged claims have been cancelled.

In the same session, Sterne Kessler’s Eric Steffe gave an overview of PTAB cases that have been appealed to the Federal Circuit. He said 141 appeals from final IPR/CBM decisions were docketed at the Federal Circuit. Of these, 104 (75%) are by patent owners, 18 (13%) are by petitioners and 19 (12%) are cross appeals by both parties,

Nine percent of the appeals are from the biotech/chemistry area, with 13 appeals. Nine of these are by patent owners and four are by petitioners, which Steffe said is “roughly mirroring other technologies in terms of who is making those appeals”.



more from across site and ros bottom lb

More from across our site

A 36-member team from Zhong Lun Law Firm, including six partners, will join the newly formed East IP Group
The Delhi High Court sided with Ericsson against Indian smartphone maker Lava, bringing the companies' nine-year dispute to a close
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Tennessee has passed the ELVIS Act, a law that fights against AI models that mimic the voice and likeness of music artists
Rob Stien, chief communications and public policy officer at InterDigital, says the EU has forgotten innovators while trying to solve an issue that doesn’t exist
As Australia’s Qantm IP leans towards being acquired by a private equity company, sources discuss what it could mean for IP firms
Law firms that are conscious of their role in society are more likely to win work, according to a survey of over 23,000 in-house professionals
Nghiem Xuan Bac Pham, managing partner of Vision & Associates, discusses opportunities created by the US-China rift as well as profitability issues facing IP practices
Douglas Leite and two of his colleagues were intrigued by Bhering Advogados’s mission to grow its patent litigation practice
Each week Managing IP speaks to a different IP practitioner about their life and career
Gift this article