Initial Data Shows That PTAB Is Not A ‘Death Squad’ For Biologic Drug Patents

Best Lawyers
June 2017

As of March 31, 2017, PTAB reports that there were 4,563 resolved IPRs.  Of these, 222 concerned patents were listed in the U.S. Food and Drug Administration Orange Book (Orange Book IPRs) and 29 concerned biologic drug patents.

The March 2017 statistics issued by PTAB report that across all technologies, all challenged patent claims are found patentable in only 19 percent of IPR final written decisions.

But there is good news for the pharmaceutical industry. The data concerning drug patents is more favorable: a smaller percentage of drug patent IPRs are instituted, and a higher percentage of drug patent IPRs survive final written decisions with all instituted claims intact.

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