The success rate of motions seeking a determination of invalidity for unpatentable subject matter has increased to 69% in 2015, up from 58% in 2014 and 25% in 2010. Thirteen such motions have been filed so far in 2015, while only eleven were filed in all of 2011 and only eight in all of 2010. If the current rate continues, we may see 140 such motions by year end.
Click here to view a Motion Success report showing success rates since 2008 and links to the underlying court orders.
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