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.


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 68% and the standard deviation is 21%.


Appeal Outcomes — Should I Appeal?

Of the 137609 appeals for USPTO, 79783 have outcomes for comparison. We excluded 22322 appeals that ended with an RCE or abandonment and 35504 appeals that are still pending.

Of the 79783 appeals with outcomes:

  • 42% had good outcomes (33442 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims
  • 34% had neutral outcomes (26807 appeals) where prosecution was reopened
  • 24% had bad outcomes (19534 appeals) where the examiner was affirmed

USPTO Appeal Outcomes


PTAB Decisions — Should I let the Board Decide?

Of the 137609 appeals for USPTO, 33992 included decisions by the PTAB:

  • 31% reversed the examiner (10562 decisions)
  • 11% affirmed the examiner in part (3896 decisions)
  • 57% affirmed the examiner (19534 decisions)

USPTO PTAB Decisions


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

Of the 137609 appeals for USPTO, 50108 included pre-appeal conference decisions:

  • 8% withdrew rejections (3980 decisions)
  • 26% reopened prosecution (12855 decisions)
  • 66% proceeded to appeal (33273 decisions)

USPTO PAC Decisions


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.