Beating PTAB Challenges in 2025 – Trends and Tactics for Innovators
The PTAB has become the frontline of IP battles, where patents are validated- or wiped out. Institution rates are climbing, with 74% of petitions advancing in FY 2024 , and nearly half of instituted claims invalidated. For innovators, that means defending your patents has never been harder. Key 2025 shifts to watch: Electrical/software dominance: These technologies account for nearly 7 in 10 petitions, and once challenged, about a quarter face complete invalidation. Mechanical/EV under pressure: Over 20% of petitions, with invalidation rates around 27%. Biopharma safer (for now): Only 6% of petitions, with final invalidation rates below 15%. Rule changes create both risks and opportunities: The Motion-to-Amend rule now offers real options to preserve patents with revised claims. The restored Fintiv test makes early filing essential for challengers, while defenders must watch court schedules carefully. The workload pi...