At Acuity IP, we use the USPTO’s own published data to inform how we prosecute patent applications. We’ve built a set of internal tools on the USPTO Open Data Portal that put that information in front of us quickly, alongside the file history itself.

What the tools do

Application timelines. For a published application or issued patent, we see its status, examiner, art unit and prosecution history at a glance. Recent filings are merged in, and any response deadline is clearly marked as an estimate checked against our docketing system.

PTAB appeal decisions. We search the Patent Trial and Appeal Board’s ex parte appeal decisions. Searches can use the language of the decision, the rejection grounds involved (§101, §102, §103, §112), the outcome, the technology center or art unit, and the date. The full decision is one click away.

Appeal statistics. We look at how appeals have actually fared: outcome breakdowns, trends over time, and comparisons across technology centers, art units and rejection grounds. Each rate is shown with its margin of uncertainty, so small samples aren’t over-read.

A quick look at the numbers

Our appeal statistics cover more than 160,000 PTAB ex parte appeals decided since 1997, counting each appeal once by its original decision. In calendar year 2025, the Board fully reversed the examiner in about 29% of decided appeals. The appellant prevailed at least in part (reversed, or affirmed in part) in about 37%. Those figures line up with the reversal rate the USPTO reports for fiscal year 2025.

Statistics are general information drawn from public USPTO data and are not a prediction of how any particular appeal will be decided. Every case turns on its own record.

Access

These tools are used by Acuity IP in our practice and require a firm sign-in.

Firm access ↗︎   (opens in a new tab)

Data source: USPTO Open Data Portal. Information on this page is provided for general informational purposes and is not legal advice. Viewing this page does not create an attorney–client relationship.