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70% of USPTO, district court, and ITC appeals were affirmed in 2025. 16% of appeals were vacated and remanded, 9% were reversed, and about 5% were dismissed.

70% of USPTO, district court, and ITC appeals were affirmed in 2025. 16% of appeals were vacated and remanded, 9% were reversed, and about 5% were dismissed.

District court appellants have been somewhat more successful than USPTO or ITC appellants since 2020. That said, the affirmance rate in district court appeals is around two-thirds of cases.

District court appellants have been somewhat more successful than USPTO or ITC appellants since 2020. That said, the affirmance rate in district court appeals is around two-thirds of cases.

Median appeal pendency continued to climb in 2025, with time to decision for district court and USPTO appeals exceeding 20 months. ITC appeals took even longer, but these are subject to sample size fluctuations.

Median appeal pendency continued to climb in 2025, with time to decision for district court and USPTO appeals exceeding 20 months. ITC appeals took even longer, but these are subject to sample size fluctuations.

Rule 36 affirmances shrunk to their lowest level since 2020, making up just 17% of decisions, down from around 30% in past years.

Rule 36 affirmances shrunk to their lowest level since 2020, making up just 17% of decisions, down from around 30% in past years.

New appeals from both district courts and the USPTO declined in FY25, continuing a decade-long trend of fewer appeals from these most common origins.

New appeals from both district courts and the USPTO declined in FY25, continuing a decade-long trend of fewer appeals from these most common origins. Source: CAFC

The data charts were included in the 2025 Federal Circuit IP Appeals: Summaries of Key 2025 Decisions report.

© 2026 Sterne, Kessler, Goldstein & Fox PLLC

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