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Data insight1 min readInter partes review · Post-grant review · Ex parte reexamination · Prosecution

One in six designated Patent Trial and Appeal Board decisions is no longer designated.

Of 341 entries on the USPTO’s list of precedential and informative Patent Trial and Appeal Board decisions, 53 have been de-designated: 17 formerly precedential and 36 formerly informative. All 53 now sit in the Office’s archive.

53 of 341entries on the USPTO’s designated list are no longer designated, about 16%.

Before you read

A decision on the USPTO’s list has been de-designated. Can you still cite it?

Part 1 of 2

The list and its archive

The PTAB publishes most decisions without special status. The Office designates a few as precedential, binding the Board within their scope, or informative, showing good practice without binding. Designation can be removed. Our October 2026 inventory of the USPTO’s list counts 341 entries.

The designated list, October 2026

341 entries

Tap a segment to read what it covers.

53 ÷ 341 = 15.5%. Counts of entries vary slightly depending on how duplicate listings are handled; the 53 former designations are the same either way.

Source

Part 2 of 2

Check before you cite

Before citing a designated decision

0 of 3 reviewed

The takeaway

Check a decision’s status on the day you cite it.

Sources

  1. S88USPTO, Precedential and informative decisions (PTAB), as checked Oct. 16, 2026, and PostGrantProceeding's inventory of the list (341 entries, Oct. 2026). USPTO list ↗

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): 53 ÷ 341 = 15.5%, which rounds to 16%; “one in six” (16.7%) is a fair rounding beside the exact count; 288 entries (84%) remain designated.
  • Plain-English definitions of designated, de-designated and the archive.
  • Noted that counts of list entries vary slightly with how duplicate listings are handled; the 53 former designations match across both of our counts.
  • Internal file path removed; the feature on the archive is linked.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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