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 105135 appeals for USPTO, 57034 have outcomes for comparison. We excluded 16829 appeals that ended with an RCE or abandonment and 31272 appeals that are still pending.

Of the 57034 appeals with outcomes:

  • 42% had good outcomes (23821 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims
  • 36% had neutral outcomes (20304 appeals) where prosecution was reopened
  • 23% had bad outcomes (12909 appeals) where the examiner was affirmed

USPTO Appeal Outcomes

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PTAB Decisions — Should I let the Board Decide?

Of the 105135 appeals for USPTO, 22458 included decisions by the PTAB:

  • 31% reversed the examiner (6936 decisions)
  • 12% affirmed the examiner in part (2613 decisions)
  • 57% affirmed the examiner (12909 decisions)

USPTO PTAB Decisions

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

Of the 105135 appeals for USPTO, 38144 included pre-appeal conference decisions:

  • 8% withdrew rejections (3044 decisions)
  • 26% reopened prosecution (9853 decisions)
  • 66% proceeded to appeal (25247 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.