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PTAB Filing Trends and Defense Tactics Every Innovator Must Know in 2025
Your company’s most valuable patents may already be under threat, and you might not even know it. As R&D budgets continue to shrink, competitors are quietly filing Patent Trial and Appeal Board (PTAB) challenges designed to eliminate their rivals’ IP. With PTAB invalidating 60-70% of challenged claims, most challenges succeed.
The patent landscape has fundamentally shifted. Companies like Pfizer are slashing $1.7 billion from research budgets, forcing tough decisions about which innovations to protect. Meanwhile, companies have learned that PTAB challenges cost far less than traditional court battles while being equally effective at eliminating patents. This asymmetric warfare is causing casualties among unprepared patent holders.
What most innovators don’t realize: recent PTAB rule changes have created both new vulnerabilities and unexpected opportunities for those who understand the evolving system.
This analysis decodes the latest PTAB trends reshaping patent strategy, reveals which industries face the highest invalidation risks, and demonstrates how to fortify patents against increasingly sophisticated challenges.
Current PTAB Statistics
After a significant drop in petition during the pandemic, PTAB has returned to an upward trajectory. Fiscal year filings increased from 1,188 in FY 2023 to 1,288 in FY 2024 and have already reached 713 at the halfway point of FY 2025. The technology breakdown shows that electrical and software claims dominate the landscape, representing nearly 70% of FY 2024 petitions, while biopharmaceutical patents account for only 6% of challenges.
Institution rates remain concerningly high for patent holders. The Board approved 74% of petitions by patent in FY 2024, representing an increase from 69% two years earlier. Once a trial starts, patent owners continue to face challenging odds. Nearly 30% of all challenged claims and 49% of instituted claims were invalidated in FY 2024. So far in FY 2025, about 20% of patents that reach a final decision have been completely invalidated.
Technology Breakdown:
- Electrical/Software: 69% of FY 2024 petitions, 69% institution rate, ~25% complete invalidation after final written decision
- Mechanical/EV: 22% of FY 2024 petitions, 66% institution rate, ~27% complete invalidation after final written decision
- Biopharma: 6% of FY 2024 petitions, 73% institution rate, <15% complete invalidation after final written decision
- Chemical: 3% of FY 2024 petitions, 46% institution rate, ~18% complete invalidation after final written decision
Source: uspto.gov
Recent Rule Changes
Three significant rule changes in late 2024 and early 2025 have reshaped the PTAB landscape, creating new strategic considerations for both patent holders and challengers.
Easier Claim Amendments (Final Rule, September 18, 2024)
The Motion-to-Amend pilot program has been made permanent, providing patent owners with enhanced options for defending their intellectual property. Patent owners can now request preliminary guidance, file revised motions, and receive examiner assistance throughout the process. The USPTO reports a 41% increase in successful amendments since the pilot program’s implementation, suggesting this change provides meaningful benefits for patent holders.
Fintiv Revival (Memo, March 24, 2025)
On March 24, 2025, Chief Administrative Patent Judge Scott R. Boalick removed the 2022 limitations and restored full Fintiv discretion to PTAB panels. This means that if district court proceedings appear likely to conclude faster than PTAB proceedings, petitions may be denied outright. This change has made early filing critical once again for petitioners seeking to invalidate patents through the PTAB process.
Workload Pilot (Memo, March 26, 2025)
Institution decisions are now divided between two separate panels: one handles discretionary issues while another addresses the merits of the challenges. This structural change requires separate 14,000-word briefs and creates accelerated deadlines for all parties. Petitioners now learn within weeks whether the Board will consider the merits of their challenge, which significantly influences judicial stay decisions in parallel district court proceedings.
Impact on Court Proceedings and Licensing
District judges still pause court cases when PTAB proceedings begin, saving parties millions in legal costs. However, the restored Fintiv test means that if petitioners wait too long to file their PTAB challenges, cases may stay in district court instead.
Recent Notable Examples
- AliveCor v. Apple: Three ECG patents were invalidated at PTAB, and the decisions were affirmed by the Federal Circuit, effectively ending AliveCor’s ITC import case and significantly reducing their settlement leverage.
- Power2B v. Samsung: Samsung successfully challenged nearly all claims in two stylus-interface patents at both PTAB and the Federal Circuit, converting what had been a nine-figure damages claim into minimal recovery for the patent holder.
Active Steps for Innovators
- Track Dockets First: Before filing a petition or lawsuit, review the judge’s schedule. A fast-moving Markman hearing can trigger a Fintiv denial that blocks your PTAB challenge.
- Draft Fall-Back Claims: Create layered dependent claims with narrower scope that you can substitute under the 2024 Motion-to-Amend rule if needed.
- Run Claim Strength Analytics Early: Identify potential Section 102/103 and Section 112 vulnerabilities in your patents before an opponent discovers them.
- Budget for Parallel Paths: Even strong PTAB cases may require backup district court litigation if Fintiv restrictions prevent PTAB proceedings.
Conclusion
PTAB statistics and policies change frequently, but effective strategies remain consistent: monitor filing data, file early, and draft with potential amendments in mind. With tight R&D budgets and increasing litigation costs, data-driven patent planning helps maintain control of your intellectual property strategy before challenges arise.
PatSeer simplifies patent invalidation analysis with integrated tools on a single platform. The Claims Diff and Analyzer features highlight specific changes between claim versions, enabling you to refine amendments and build comparison charts more efficiently. With Semantic Mapping, PatSeer delivers curated reports featuring the most relevant documents, complete with detailed references and explanations. The search function covers global patent databases—including OCR-processed documents—and prioritizes results most relevant to your validity challenges. Advanced filtering options help you assess patent status and make informed R&D and IP decisions.
