Uncovering the Top 10 Most Contested IPC Codes in PTAB Litigation
Patexia has recently launched its 2024 PTAB Intelligence Report, offering a detailed analysis of the latest trends and developments in Patent Trial and Appeal Board (PTAB) proceedings. As the intellectual property landscape evolves, PTAB continues to play a vital role in patent litigation strategies, with an increasing number of cases under review. PTAB is commonly used to challenge the validity of patents or defend against infringement claims, offering a faster and more cost-effective alternative to traditional court litigation.
Covering the period from July 1, 2019, to June 30, 2024, the report examines trends across Inter Partes Reviews (IPR), Post Grant Reviews (PGR), Covered Business Methods (CBM), and Derivation proceedings (DER), providing a comprehensive overview for legal professionals involved in IP law. One of the key highlights of the 2024 report is the analysis of the technological areas most frequently targeted in PTAB proceedings. This information is critical for understanding where the most activity occurs in the patent landscape and which technologies are frequently contested.
We categorized the patents challenged in 6,510 IPR petitions and 273 PGR petitions filed between July 1, 2019, and June 30, 2024, based on International Patent Classification (IPC) codes. A total of 409 distinct IPC codes were used to classify 4,723 patents in IPR proceedings and 248 patents in PGR proceedings. It’s important to point out that some patents can be associated with multiple IPC codes due to their relevance across different technological fields.
Note: Due to legislative changes, no new CBM filings have been made since September 2020, and DER proceedings continue to see minimal activity.
The table below presents the Top 10 IPC Codes for patents with final written decisions. These codes represent the areas where patent disputes are most concentrated, with digital processing, telecommunications, and medical devices standing out as dominant sectors in PTAB litigation.
| IPC Code | Patents | Score (%) | Category |
|---|---|---|---|
| G06F | 437 | 82.00% | Computing; Data Processing Systems |
| H04L | 275 | 85.00% | Electric Communication Technique |
| G06Q | 132 | 82.00% | Business Methods; Data Processing |
| A61B | 131 | 75.00% | Medical or Veterinary Science; Hygiene |
| H04N | 122 | 80.00% | Electric Communication Technique |
| H04W | 121 | 75.00% | Wireless Communication Networks |
| H04M | 83 | 88.00% | Telephony; Telecommunication Systems |
| H01L | 77 | 74.00% | Semiconductors; Electrical Devices |
| G06K | 75 | 76.00% | Data Recognition; Presentation |
| A61F | 71 | 75.00% | Medical Devices; Prosthetics |
The ranking focuses on patents that have reached the Final Written Decision stage, providing valuable insight into the technology sectors under the highest scrutiny. At this stage, patent owners aim to defend their claims, while petitioners seek to invalidate them. By concentrating on these cases, we gain a clearer understanding of the sectors most impacted by patent disputes. Additionally, we analyzed claim-level data to assess patent strength by calculating the ratio of claims that survived challenges compared to those contested.
This analysis offers key insights into the resilience of patents across the top 10 IPC codes. For instance, the data shows that petitioners consistently achieved success rates exceeding 70%, with more than 74%—and in some cases nearly 80%—of challenged claims being invalidated.
While our report also discusses patents that faced Denial or Settlement Decisions, the primary focus remains on cases with Final Written Decisions, as they play the most critical role in shaping patent litigation outcomes and revealing the strength of patents across different technological fields.
A Deep Dive into Key Technology Areas
Our analysis shows that G06F, covering Electric Digital Data Processing, leads the list of the most frequently encountered IPC codes in IPR proceedings, representing about 26% of all 6,510 petitions filed. Other top IPC codes include H04L (Transmission of Digital Information) with 1,142 proceedings, and H04W (Wireless Communication Networks) with 634 proceedings. Collectively, the top 10 IPC codes account for approximately 93% of all IPR petitions, highlighting key areas of focus in intellectual property litigation.
For PGR petitions, the most frequently targeted IPC code is A61K, related to Preparations for Medical, Dental, or Toiletry Purposes. Interestingly, while A61K ranks 11th in IPRs, it takes the top spot in PGR filings. High-tech IPC codes such as G06F, G06Q, and H04L also feature prominently in PGR proceedings, demonstrating the wide variety of technologies petitioners aim to challenge.
Stay Ahead with Additional Insights from the PTAB Report
In addition to the Top 10 IPC codes, the 2024 PTAB Intelligence Report provides extensive data on the top law firms, companies, and attorneys involved in PTAB cases, ranked by activity and success. These insights are invaluable for anyone involved in patent disputes or those seeking to understand how legal strategies in intellectual property are evolving.
Our ranking methodology evaluates the activity, success, and performance of attorneys, law firms, and companies across various intellectual property sub-categories, including PTAB proceedings. We use a proprietary algorithm to calculate each stakeholder's final score from the gathered data, forming our rankings' foundation. This method offers valuable insights into the dynamic world of intellectual property law.
To explore these trends and understand how the future of patent litigation is being shaped, get your copy of the 2024 PTAB Intelligence Report today.