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 pilot accelerates discretionary rulings, changing how district courts weigh PTAB challenges. 

What innovators must do: 

  • Monitor dockets to anticipate timing risks. 

  • Build layered fallback claims to stay resilient. 

  • Budget for parallel paths, as some fights will remain in district court. 

  • Use analytics tools like PatSeer to identify vulnerabilities before challengers do. 

In 2025, data-driven strategy is the difference between protecting innovation and losing it. 

💡 Read the full blog to see how advanced PTAB analytics and smarter defense tactics can safeguard your patents. PTAB Filing Trends and Defense Tactics Every Innovator Must Know in 2025 - PatSeer 

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