60% Reversal Rate for USPTO Ex Parte Appeals

According to Professor Hal Wegner, "Statistics taken from the Official Gazette (on line) that were provided by Sean Passino show that nearly sixty (60) percent of ex parte patent appeals that reach a decision involve a reversal of at least one ground."

The following overall statistics are taken from the Official Gazette," writes the Good Professor, "except that the various types of remands and dismissals are lumped into one category, and the percentages for actual decisions are calculated by deduction of the remands and dismissals:"

Disposition, % of Dispositions*, [% decided cases]

AFFIRMED, 36. 6%, [40 % decided]

AFFIRMED-IN-PART, 12.6 %, [14 % decided]

REVERSED, 40.9 %, [45 % decided]

REVERSALS, 53.5 %, [59 % decided]
(INC. PARTIAL)

REMANDS; DISMISSALS, 9.9 %

TOTAL, 100.0%

* Decisions to date of reporting for fiscal year 2005