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 67% and the standard deviation is 21%.


Appeal Outcomes — Should I Appeal?

Of the 132351 appeals for USPTO, 75587 have outcomes for comparison. We excluded 21485 appeals that ended with an RCE or abandonment and 35279 appeals that are still pending.

Of the 75587 appeals with outcomes:

  • 42% had good outcomes (31624 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims
  • 34% had neutral outcomes (25683 appeals) where prosecution was reopened
  • 24% had bad outcomes (18280 appeals) where the examiner was affirmed

USPTO Appeal Outcomes


PTAB Decisions — Should I let the Board Decide?

Of the 132351 appeals for USPTO, 31831 included decisions by the PTAB:

  • 31% reversed the examiner (9833 decisions)
  • 12% affirmed the examiner in part (3718 decisions)
  • 57% affirmed the examiner (18280 decisions)

USPTO PTAB Decisions


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

Of the 132351 appeals for USPTO, 47949 included pre-appeal conference decisions:

  • 8% withdrew rejections (3788 decisions)
  • 26% reopened prosecution (12302 decisions)
  • 66% proceeded to appeal (31859 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.