We have written before about the Patent Trial and Appeal Board’s (PTAB’s) 70% all-claims invalidation rate. That article explained (using numbers from the PTAB statistics page) that when a patent is subjected to an IPR, the all-claims invalidation rate is 70%. The all-claims invalidation rate is the rate at which the PTAB finds all challenged claims invalid (unpatentable), effectively killing off the patent. The all-claims invalidation rate is not just high; it has also varied considerably over the years, which raises additional concerns.

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