The institution rate for America Invents Act (AIA) review petitions was 69% in 2023, climbing slightly from 68% the year before. That slight year-over-year rise comes as the USPTO considers whether to codify and expand some of its existing practices related to the discretionary denial of institution based on the status of parallel proceedings, as governed by the NHK-Fintiv rule.
Subscription Required
This content requires a subscription to view
- Over 7,000 news articles covering new patent cases, key policy decisions, and USPTO assignments
- Advanced custom alerts for campaigns and entities
- Proprietary litigation timelines
- Full access to Federal Circuit, PTAB, and ITC dockets
- Judge, venue, and law firm analytics
