PTAB Final Written Decisions in May 2026 Show 71% Claim Cancellation Rate in IPR and PGR Cases

In May 2026, the Patent Trial and Appeal Board (PTAB) issued 24 Final Written Decisions in Inter Partes Review (IPR) and Post-Grant Review (PGR) proceedings, resulting in the cancellation of 228 instituted claims, representing 71.25% of the total claims reviewed. The decisions include those issued following remand from the Federal Circuit.

Of the 319 instituted claims reviewed in these cases, 91 claims, or 28.44%, survived the PTAB’s scrutiny. This cancellation rate aligns closely with the cumulative average cancellation rate of approximately 74% observed historically in IPR, Covered Business Method (CBM), and PGR Final Written Decisions.

On a per-case basis, the outcomes varied: in 16 decisions (66.67%), all instituted or substitute claims were cancelled; in 4 decisions (16.67%), all claims survived; and in another 4 decisions (16.67%), a mixed outcome was reached where some claims were cancelled while others survived.

Regarding motions to amend, the PTAB has cumulatively granted 703 substitute claims, accounting for 15.6% of proposed amendments, while denying 3,803 substitute claims, or 84.4%, through May 31, 2026. These figures reflect the Board’s rigorous standards for claim amendments in IPR proceedings.

The cumulative survival rate of instituted claims in IPRs, CBMs, and PGRs through May 31, 2026, varies by technology center, although specific breakdowns by technology center were not detailed in the May report.

Similarly, the total number of Final Written Decisions issued through May 31, 2026, is categorized by technology center, providing a framework for analyzing trends within different technical fields.

These statistics offer valuable insights for practitioners and stakeholders in the Business & Consumer Services and Pharmaceuticals & BioTech industries, among others, highlighting the PTAB’s approach to claim validity and amendment requests.

Additional cumulative data and analysis on the PTAB’s IPR, CBM, and PGR decisions are available on the At the PTAB blog, updated through May 31, 2026.

This article serves as a general guide to recent PTAB statistics and does not substitute for specialist legal advice tailored to individual circumstances.

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