In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in July, the Board cancelled 412 (72.41%) of the instituted claims and declined to cancel 157 (27.59%) of the instituted claims. Patent owners did not concede any instituted claims through motions to amend or disclaimer.

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On a per-case basis, no instituted or substitute claims survived in 25 (71.43%) of the decisions, all instituted claims survived in 6 (17.14%) of the decisions, and a mixed outcome occurred in 4 (11.43%) of the decisions. A mixed outcome occurs where at least one instituted or substitute claim remains patentable, and at least one is cancelled, in a Final Written Decision.

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The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:

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The following resources are also available on the AIA Blog: