Developing Story
IPR Institution Rate Decline – PTAB (2024–2026)
PTAB IPR institution rates have plummeted 43% from ~65% in late 2024 to ~37% in early 2026, fundamentally reshaping patent litigation strategy. Patent owners gain significant leverage while accused infringers can no longer rely on IPR as a reliable invalidity vehicle. This shift has major implications for patent portfolio valuation, licensing, and M&A due diligence.
Importance: 85%Confidence: 90%Mentions: 1Updated: April 9, 2026
## IPR Institution Rate Decline – PTAB (2024–2026)
### Overview
USPTO statistics released in April 2026 reveal a dramatic 43% decline in the inter partes review (IPR) institution rate at the Patent Trial and Appeal Board (PTAB), falling from approximately 65% in October 2024 to approximately 37% in February 2026. This represents one of the most significant shifts in patent litigation dynamics in years.
### Key Statistics
- **October 2024**: ~65% average IPR institution rate
- **February 2026**: ~37% average IPR institution rate
- **Change**: ~43% relative decline in institution rate
### Implications for Patent Litigation Strategy
#### For Patent Owners
- PTAB is now significantly less likely to institute IPR — materially strengthens patent owner leverage in licensing negotiations and litigation.
- Patents that previously faced near-certain IPR institution now have substantially better survival odds at the PTAB gate.
- Increased value of issued patents as defensive and offensive assets.
#### For Accused Infringers / Petitioners
- IPR as a litigation defense strategy is substantially less reliable.
- Greater pressure to win on invalidity in district court or settle.
- Due diligence on patent portfolios must account for reduced PTAB killability.
#### For Licensing & Transactions
- Patent portfolio valuations should be recalibrated upward given reduced PTAB threat.
- M&A due diligence on IP assets must reflect new institution rate reality.
### Potential Causes
- Changes in PTAB discretionary denial practices (Fintiv factors, serial petitions)
- Director Review policy evolution
- Stricter application of threshold showings
### Watch
- Whether institution rates stabilize or continue declining
- Congressional response or USPTO rulemaking
- Impact on NPE/patent assertion entity activity
- Federal Circuit guidance on PTAB discretion