Unprecedented Allowance Rates at the USPTO?

According to the USPTO, the current allowance rates are around 76% and have been above 70% since May 2017:


Historically, allowance rates are just below 70%, occasionally spiking up above 70% for a quarter or two.


Are we in unprecedented territory for the USPTO and the U.S. patent system?

Note that, between the Alice decision in 2014 and Dec. 31, 2018, only 36% of patents granted by the USPTO had valid claims after being challenged under Section 101 at the District Courts. The high invalidity rate has been relatively constant during that time.


  1. The allowance rate is up to 76.5% as of June 2019. How high will it go before we see a correction?

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