2017 Report of the Economic Survey

AIPLA Report of the Economic Survey 2017

ESTIMATED TOTAL COST OF POST-GRANT PROCEEDINGS (P. I-162 to I-165, Q37i-Q37iv)

Through filing petition

Through end of motion practice

Through PTAB hearing

Through appeal

$0

$100

$200

$300

$400

$500

$600

$700

Thousands

1st Quartile/3rd Quartile Median Mean

Two-thirds (67.1%) of respondents say the total cost of filing a petition for post-grant proceedings (IPR, CMB or PGR) is about the same as the total cost of defending such an action. Those that indicate it is not the same reported that the cost of asserting is 91.7% of the cost of defending.

TOTAL COST COMPARISON OF FILING A PETITION FOR POST-GRANT PROCEEDINGS (IPR, CBM or PGR) TO TOTAL COST OF DEFENDING (P. I-166, Q37B)

Cost is About the Same

67.1%

32.9%

Cost of Asserting Differs from Cost of Defending

Average Cost of Filing as a Percent of the Cost of Defending - 91.7%

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