Study Shows Bio/Pharma Patents Fare Better at PTAB

A few years back, the Patent Trial & Appeal Board (PTAB) released a study showing the outcome of proceedings directed to so-called “Orange Book” patents. That study demonstrated that Orange book/Biologic patents were more likely to survive PTAB proceedings relative to other patents. Last week, the 2018 study was updated.

The update shows the performance of Orange Book/Biologic patents at the PTAB since 2012.

The Statistics (here) highlight:

  • Challenges to both Orange Book and Biologic patents have decreased over time
  • The institution rate for biologic patents (55%) is lower than for Orange Book patents (62%)
  • For Orange Book Patents, 16% of challenged claims and 31% of instituted claims are found unpatentable
  • For Biologics, 26% of challenged claims and 59% of instituted claims were found unpatentable

Thus, while Orange Book patents may be more likely to be instituted, they tend to fare better at trial than Biologics.