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 65% and the standard deviation is 22%.

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Appeal Outcomes — Should I Appeal?

Of the 114636 appeals for USPTO, 62326 have outcomes for comparison. We excluded 18672 appeals that ended with an RCE or abandonment and 33638 appeals that are still pending.

Of the 62326 appeals with outcomes:

  • 41% had good outcomes (25519 appeals) where the examiner was reversed or affirmed in part or the examiner otherwise allowed claims
  • 35% had neutral outcomes (21891 appeals) where prosecution was reopened
  • 24% had bad outcomes (14916 appeals) where the examiner was affirmed

USPTO Appeal Outcomes

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PTAB Decisions — Should I let the Board Decide?

Of the 114636 appeals for USPTO, 25874 included decisions by the PTAB:

  • 30% reversed the examiner (7841 decisions)
  • 12% affirmed the examiner in part (3117 decisions)
  • 58% affirmed the examiner (14916 decisions)

USPTO PTAB Decisions

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

Of the 114636 appeals for USPTO, 41267 included pre-appeal conference decisions:

  • 7% withdrew rejections (3076 decisions)
  • 25% reopened prosecution (10389 decisions)
  • 67% proceeded to appeal (27802 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.