# Bio/pharma petitions were instituted more often in FY2026.

By petition, the Office instituted 55% of bio/pharma IPRs and PGRs it decided in FY2026 (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.

Sources checked October 16, 2026

**19 points** gap 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?

- Electrical/computer
- Bio/pharma
- They were about the same

Bio/pharma: 55% (39 of 71) against 36% (212 of 586) for electrical/computer.

## 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. Trial statistics, slide 9

## 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.

## What it means

## The takeaway

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

## Related stories

- [An IPR has two gates. Don’t multiply them.](https://postgrantproceeding.com/insights/t05-an-ipr-has-two-gates-dont-multiply-them)
- [Past the Director is not past the Board.](https://postgrantproceeding.com/insights/d02-past-the-director-is-not-past-the-board)
- [Age starts the argument. It doesn’t end it.](https://postgrantproceeding.com/insights/d03-age-starts-the-argument-it-doesnt-end-it)

## Sources

- S48. USPTO, PTAB Trial Statistics, September 2026 (FY2026: Oct. 1, 2025 to Sept. 30, 2026). https://www.uspto.gov/sites/default/files/documents/trial_stats_september2026.pdf

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.

General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.