← All storiesIII · Getting heard

Data insight1 min readInter partes review · Post-grant review

Bio/pharma petitions were instituted more often in Fiscal Year 2026.

By petition, the Office instituted 55% of bio/pharma inter partes reviews and post-grant reviews it decided in Fiscal Year 2026 (39 of 71), against 36% in electrical and computer technologies (212 of 586). The bio/pharma base is small, so a few decisions move its rate.

19 pointsgap in FY2026 institution rates: bio/pharma 55%, electrical/computer 36%.

Before you read

In FY2026, which technology area had the higher institution rate by petition?

Part 1 of 3

Two technologies, two rates

The USPTO’s FY2026 statistics break institution down by technology. The rate is petitions instituted divided by petitions decided, instituted plus denied.

Institution rate by petition, FY2026

Bio/pharma39 instituted of 71 decided
55%
Electrical/computer212 instituted of 586 decided
36%

FY2026: October 1, 2025 to September 30, 2026. Other technology areas are on the same slide and not shown here.

Source

Part 2 of 3

Mind the base

Seventy-one bio/pharma decisions is a small number. Each one is worth about 1.4 points of that rate, so three decisions going the other way would move it about four points. The electrical/computer rate rests on 586 decisions and is much steadier.

Bio/pharma institution decisions, FY2026

1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162636465666768697071

71 decisions on institution

Part 3 of 3

What it means

  • In bio/pharma, FY2026 favored institution more than in electrical/computer. Don’t read a single year as a trend.
  • Quote the base with the rate. 39 of 71 says more than 55%.

The takeaway

Read a technology rate with its base. Seventy-one decisions is a small sample.

Sources

  1. S48USPTO, PTAB Trial Statistics, September 2026 (FY2026: Oct. 1, 2025 to Sept. 30, 2026). Data source ↗

Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.

Changes (4)
  • Arithmetic shown (Muse): 39 ÷ 71 = 54.9%; 212 ÷ 586 = 36.2%; a 19-point gap.
  • Small-base caution quantified: each bio/pharma decision is about 1.4 points of its rate.
  • Rate definition added from the slide: instituted petitions divided by decisions on institution.
  • Internal file path removed.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
1 / 3