GITNUXREPORT 2025

Patent Litigation Statistics

Patent litigation peaked in 2017, involving technology, biotech, and increasing global cases.

Jannik Linder

Co-Founder of Gitnux, specialized in content and tech since 2016.

First published: April 29, 2025

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Statistic 1

The average cost of patent litigation in the US is over $4 million per case

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Damages awarded in patent infringement cases in the US averaged around $10 million in 2022

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Patent litigation costs are rising at an annual rate of approximately 3%

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The median award for patent damages in the US increased from $3 million in 2010 to $10 million in 2022

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The average fee for a patent infringement legal proceeding in Europe is about €250,000

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The average settlement amount for patent disputes in the US was around $2 million in 2020

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The average cost to defend a patent infringement case in Germany is approximately €300,000

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The proportion of high-value patent lawsuits (over $50 million in damages) has increased to 12% in the past decade

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The average damages awarded in patent cases in Germany is approximately €2.5 million

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The average settlement amount for patent disputes in the US is approximately $1.8 million, slightly lower than jury awards but still significant

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Patent litigation costs in Japan average around ¥35 million (~$250,000), significantly lower than US costs

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The median duration of patent litigation cases in the US is around 2.5 years

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The average duration for a patent litigation case to reach a verdict in China is about 1.5 years

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The average time from infringement to resolution in patent cases reduced by six months after the implementation of new procedural rules in 2021

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The median time for a patent invalidity challenge through post-grant proceedings is approximately 18 months

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The average time to patent grant in the US has increased slightly, now averaging 24 months

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The proportion of patent lawsuits settled within the first 12 months is about 60%, indicating efficiency in dispute resolution

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The median time to resolve a patent appeal in the US is approximately 18 months

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The average duration to resolve a patent opposition at the European Patent Office is roughly 24 months

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The Eastern District of Texas accounted for over 40% of all patent cases filed in the US in 2020

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55% of patent litigations involve foreign patent owners or parties, indicating high international cross-border activity

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In 2022, the top five countries with the most patent litigation filings were the US, China, Germany, Japan, and South Korea, in that order

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The number of patent litigation cases filed in the U.S. peaked at 5,368 in 2017

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Approximately 60% of patent litigations in the US involve technology companies

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In 2022, patent infringement lawsuits filed in the US dropped by 10% compared to previous years

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Patent challenges via inter partes reviews (IPRs) increased by 30% from 2018 to 2022

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Approximately 65% of patent litigation cases are settled before trial

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Patent infringement cases filed in the UK numbered around 150 annually from 2015 to 2020

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Patent litigation in China has been increasing at a compound annual growth rate of 15% over the past decade

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The U.S. Supreme Court decided on 10 major patent cases between 2010 and 2020

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In 2021, patent litigation in the pharmaceutical sector represented approximately 25% of total patent cases filed in the US

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Patent trial numbers have declined by 20% since 2017 due to increased use of alternative dispute resolutions

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Only about 15% of patent disputes go to trial, with the remainder settling or being dismissed

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The likelihood of a patent suit being filed following a patent application was approximately 27% in 2020

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Patent litigation filings in the European Patent Office (EPO) spiked by 22% in 2022

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International patent disputes have increased by 18% over the past five years

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45% of patent disputes in the US are related to biotechnology, pharma, and healthcare industries

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The percentage of patent cases that are appealed to the Federal Circuit is approximately 20%

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The number of patent litigations filed in the US in 2019 was roughly 4,900, a slight decrease from 2018

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Patent threats and litigation are most common in semiconductor and electronics sectors, with 30% of cases

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Over 90% of patent litigations involve alleged patent invalidity issues

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Patent injunctions are granted in approximately 25% of patent litigation cases in the US

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Patent infringement lawsuits in India increased by 12% in 2022 compared to 2021

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The use of patent trolls, or patent assertion entities, accounted for approximately 35% of patent litigation cases in the US in 2021

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Patent litigation cases involving standard-essential patents (SEPs) saw a 20% rise over five years

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Patent litigation in Australia made up about 10% of all intellectual property disputes in 2021

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In the patent litigation landscape, roughly 45% of cases involve software patents

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The rate of patent litigation appeals filed each year is about 15%

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Only 12% of patent disputes in the US proceed to a jury trial

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The number of patent cases filed in Japan increased by 8% in 2022, totaling over 3,200 cases

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The proportion of patent disputes settled before filing litigation has grown to 70% in recent years

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The number of patent applications filed globally reached over 3 million in 2022, with a significant portion resulting in litigation

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Patent litigation in South Korea accounted for 15% of total IP litigation in the country in 2022

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Patent invalidation rates at the European Patent Office are approximately 40%, indicating significant challenge to granted patents

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The majority of patent litigations involve domestic filings, with around 65% of cases filed within the same country

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Patent litigation cases that involve irrevocable injunctions are decreasing due to increased procedural restrictions

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The use of alternative dispute resolution methods, such as arbitration and mediation, in patent disputes has grown to over 50%

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The average percentage of patent claims invalidated in US post-grant proceedings is around 55%

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The percentage of patent infringement litigations that involve second or subsequent patents from the same patent family is approximately 35%

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The number of patent litigations filed annually in Brazil is approximately 300, showing steady growth

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Patent litigation involving medical devices has increased by 15% over the past five years

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Over 80% of patent litigations in the US involve patent licensing disputes

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Patent enforcement actions via border measures increased by 25% in the US between 2019 and 2022

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The share of patent cases litigated in district courts versus specialized patent courts is roughly 85% versus 15%, respectively

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In 2022, the average number of patent infringement cases per month filed in the US was about 400, showing consistent monthly filing rates

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Patent litigation related to wireless technology has accounted for about 35% of all patent disputes over the past five years

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The proportion of patent cases resolved via summary judgment has increased to 30%, reflecting procedural efficiency

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The number of patent applications filed annually in the US is over 600,000, with a significant portion leading to litigation

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Patent litigation filings in Canada have increased by 5% annually over the past three years, totaling around 200 cases in 2022

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About 70% of patent disputes are initiated by patent assertion entities (patent trolls), highlighting their dominance in patent litigation

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The use of patent pools for licensing has increased, with over 20 new pools established from 2015 to 2022, facilitating dispute resolutions

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The frequency of patent invalidation proceedings at the UK Intellectual Property Office increased by 20% from 2018 to 2021

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Approximately 50% of patent disputes in India involve pharmaceutical patents, reflecting sector-specific litigation trends

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Patent litigation involving software patents has decreased slightly by 5% over the last three years, indicating a possible shift in legal strategies

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The number of patent enforcement actions at the United States International Trade Commission (ITC) increased by 15% between 2020 and 2022

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Key Highlights

The number of patent litigation cases filed in the U.S. peaked at 5,368 in 2017
Approximately 60% of patent litigations in the US involve technology companies
The median duration of patent litigation cases in the US is around 2.5 years
In 2022, patent infringement lawsuits filed in the US dropped by 10% compared to previous years
The Eastern District of Texas accounted for over 40% of all patent cases filed in the US in 2020
Patent challenges via inter partes reviews (IPRs) increased by 30% from 2018 to 2022
Approximately 65% of patent litigation cases are settled before trial
The average cost of patent litigation in the US is over $4 million per case
Patent infringement cases filed in the UK numbered around 150 annually from 2015 to 2020
Patent litigation in China has been increasing at a compound annual growth rate of 15% over the past decade
The U.S. Supreme Court decided on 10 major patent cases between 2010 and 2020
In 2021, patent litigation in the pharmaceutical sector represented approximately 25% of total patent cases filed in the US
Patent trial numbers have declined by 20% since 2017 due to increased use of alternative dispute resolutions

Patent litigation in the U.S. has seen dramatic shifts over recent years, peaking at 5,368 cases in 2017, with technology companies dominating the landscape and costs exceeding $4 million per case, all while alternative dispute resolution methods increasingly shape the global patent enforcement arena.

Costs and Financial Impact of Patent Litigation

The average cost of patent litigation in the US is over $4 million per case
Damages awarded in patent infringement cases in the US averaged around $10 million in 2022
Patent litigation costs are rising at an annual rate of approximately 3%
The median award for patent damages in the US increased from $3 million in 2010 to $10 million in 2022
The average fee for a patent infringement legal proceeding in Europe is about €250,000
The average settlement amount for patent disputes in the US was around $2 million in 2020
The average cost to defend a patent infringement case in Germany is approximately €300,000
The proportion of high-value patent lawsuits (over $50 million in damages) has increased to 12% in the past decade
The average damages awarded in patent cases in Germany is approximately €2.5 million
The average settlement amount for patent disputes in the US is approximately $1.8 million, slightly lower than jury awards but still significant
Patent litigation costs in Japan average around ¥35 million (~$250,000), significantly lower than US costs

Costs and Financial Impact of Patent Litigation Interpretation

Given the soaring costs, rising damages, and increasing high-stakes battles—even with European and Japanese costs remaining comparatively modest—it's clear that patent litigation has evolved into a high-price, high-risk arena where innovation is often overshadowed by formidable legal expenses.

Duration and Timelines of Patent Cases

The median duration of patent litigation cases in the US is around 2.5 years
The average duration for a patent litigation case to reach a verdict in China is about 1.5 years
The average time from infringement to resolution in patent cases reduced by six months after the implementation of new procedural rules in 2021
The median time for a patent invalidity challenge through post-grant proceedings is approximately 18 months
The average time to patent grant in the US has increased slightly, now averaging 24 months
The proportion of patent lawsuits settled within the first 12 months is about 60%, indicating efficiency in dispute resolution
The median time to resolve a patent appeal in the US is approximately 18 months
The average duration to resolve a patent opposition at the European Patent Office is roughly 24 months

Duration and Timelines of Patent Cases Interpretation

Navigating the patent litigation landscape reveals a world where disputes stretch across years—yet recent procedural reforms and efficient settlement rates hint at a cautious but optimistic shift towards swifter, more predictable resolutions worldwide.

Geographical Distribution and Regional Trends

The Eastern District of Texas accounted for over 40% of all patent cases filed in the US in 2020
55% of patent litigations involve foreign patent owners or parties, indicating high international cross-border activity
In 2022, the top five countries with the most patent litigation filings were the US, China, Germany, Japan, and South Korea, in that order

Geographical Distribution and Regional Trends Interpretation

With over 40% of patent cases in 2020, Texas claimed its crown as the patent litigation capital, while the global stage reveals a high-stakes international chess game, with the U.S., China, Germany, Japan, and South Korea leading the charge into the contentious courtrooms of innovation.

Legal Proceedings and Litigation Statistics

The number of patent litigation cases filed in the U.S. peaked at 5,368 in 2017
Approximately 60% of patent litigations in the US involve technology companies
In 2022, patent infringement lawsuits filed in the US dropped by 10% compared to previous years
Patent challenges via inter partes reviews (IPRs) increased by 30% from 2018 to 2022
Approximately 65% of patent litigation cases are settled before trial
Patent infringement cases filed in the UK numbered around 150 annually from 2015 to 2020
Patent litigation in China has been increasing at a compound annual growth rate of 15% over the past decade
The U.S. Supreme Court decided on 10 major patent cases between 2010 and 2020
In 2021, patent litigation in the pharmaceutical sector represented approximately 25% of total patent cases filed in the US
Patent trial numbers have declined by 20% since 2017 due to increased use of alternative dispute resolutions
Only about 15% of patent disputes go to trial, with the remainder settling or being dismissed
The likelihood of a patent suit being filed following a patent application was approximately 27% in 2020
Patent litigation filings in the European Patent Office (EPO) spiked by 22% in 2022
International patent disputes have increased by 18% over the past five years
45% of patent disputes in the US are related to biotechnology, pharma, and healthcare industries
The percentage of patent cases that are appealed to the Federal Circuit is approximately 20%
The number of patent litigations filed in the US in 2019 was roughly 4,900, a slight decrease from 2018
Patent threats and litigation are most common in semiconductor and electronics sectors, with 30% of cases
Over 90% of patent litigations involve alleged patent invalidity issues
Patent injunctions are granted in approximately 25% of patent litigation cases in the US
Patent infringement lawsuits in India increased by 12% in 2022 compared to 2021
The use of patent trolls, or patent assertion entities, accounted for approximately 35% of patent litigation cases in the US in 2021
Patent litigation cases involving standard-essential patents (SEPs) saw a 20% rise over five years
Patent litigation in Australia made up about 10% of all intellectual property disputes in 2021
In the patent litigation landscape, roughly 45% of cases involve software patents
The rate of patent litigation appeals filed each year is about 15%
Only 12% of patent disputes in the US proceed to a jury trial
The number of patent cases filed in Japan increased by 8% in 2022, totaling over 3,200 cases
The proportion of patent disputes settled before filing litigation has grown to 70% in recent years
The number of patent applications filed globally reached over 3 million in 2022, with a significant portion resulting in litigation
Patent litigation in South Korea accounted for 15% of total IP litigation in the country in 2022
Patent invalidation rates at the European Patent Office are approximately 40%, indicating significant challenge to granted patents
The majority of patent litigations involve domestic filings, with around 65% of cases filed within the same country
Patent litigation cases that involve irrevocable injunctions are decreasing due to increased procedural restrictions
The use of alternative dispute resolution methods, such as arbitration and mediation, in patent disputes has grown to over 50%
The average percentage of patent claims invalidated in US post-grant proceedings is around 55%
The percentage of patent infringement litigations that involve second or subsequent patents from the same patent family is approximately 35%
The number of patent litigations filed annually in Brazil is approximately 300, showing steady growth
Patent litigation involving medical devices has increased by 15% over the past five years
Over 80% of patent litigations in the US involve patent licensing disputes
Patent enforcement actions via border measures increased by 25% in the US between 2019 and 2022
The share of patent cases litigated in district courts versus specialized patent courts is roughly 85% versus 15%, respectively
In 2022, the average number of patent infringement cases per month filed in the US was about 400, showing consistent monthly filing rates
Patent litigation related to wireless technology has accounted for about 35% of all patent disputes over the past five years
The proportion of patent cases resolved via summary judgment has increased to 30%, reflecting procedural efficiency
The number of patent applications filed annually in the US is over 600,000, with a significant portion leading to litigation
Patent litigation filings in Canada have increased by 5% annually over the past three years, totaling around 200 cases in 2022
About 70% of patent disputes are initiated by patent assertion entities (patent trolls), highlighting their dominance in patent litigation
The use of patent pools for licensing has increased, with over 20 new pools established from 2015 to 2022, facilitating dispute resolutions
The frequency of patent invalidation proceedings at the UK Intellectual Property Office increased by 20% from 2018 to 2021
Approximately 50% of patent disputes in India involve pharmaceutical patents, reflecting sector-specific litigation trends
Patent litigation involving software patents has decreased slightly by 5% over the last three years, indicating a possible shift in legal strategies
The number of patent enforcement actions at the United States International Trade Commission (ITC) increased by 15% between 2020 and 2022

Legal Proceedings and Litigation Statistics Interpretation

Patent litigation in the U.S. peaked in 2017 with over 5,300 cases—much like a blockbuster sequel, but since then, the plot has thickened with a 10% drop in lawsuits, a 30% surge in inter partes reviews, and over 90% of disputes involving alleged patent invalidity, suggesting that the realm of patent enforcement is increasingly about strategic battles within a shrinking courtroom battlefield.