USPTO Grant Rates

Grant Rate Timeline

Below is the grant rate timeline for USPTO, where the timeline is relative to the date of the first office action. The three-year grant rate is the percentage of applications granted at three years after the first office action.

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Histogram of Examiner Grant Rates

Below is a weighted histogram (by number of cases) of the 3-year grant rates of the examiners in USPTO. The average is 67% and the standard deviation is 21%.

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Appeal Outcomes — Should I Appeal?

Of the 137019 appeals for USPTO, 79332 have outcomes for comparison. We excluded 22224 appeals that ended with an RCE or abandonment and 35463 appeals that are still pending.

Of the 79332 appeals with outcomes:

  • 42% had good outcomes (33233 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims
  • 34% had neutral outcomes (26686 appeals) where prosecution was reopened
  • 24% had bad outcomes (19413 appeals) where the examiner was affirmed

USPTO Appeal Outcomes

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PTAB Decisions — Should I let the Board Decide?

Of the 137019 appeals for USPTO, 33763 included decisions by the PTAB:

  • 31% reversed the examiner (10473 decisions)
  • 11% affirmed the examiner in part (3877 decisions)
  • 57% affirmed the examiner (19413 decisions)

USPTO PTAB Decisions

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Pre-Appeal Conference Decisions — Should I request a PAC?

Of the 137019 appeals for USPTO, 49804 included pre-appeal conference decisions:

  • 8% withdrew rejections (3941 decisions)
  • 26% reopened prosecution (12792 decisions)
  • 66% proceeded to appeal (33071 decisions)

USPTO PAC Decisions

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Disclaimer: We do not provide any guarantees as to the accuracy of the statistics presented above and under
no circumstances will we be liable for any outcome resulting from your reliance on the above statistics.