Federal Judiciary

Ex Parte Reexamination Statistics

By Michael Smith

Patently-O has a good post on ex parte reexamination statistics, pointing out a few salient facts.  First, such requests are granted over 95% of the time, indicating that the requirement that the reexamination request must present a ?substantial new question of patentability? that affects at least one claim of a patent based on a prior art patent or publication is not a demanding one.  Dennis also noted that the statistics reflect an increase in requests for such reexaminations in recent years, which is due entirely to increases in requests that are filed by third parties.
The statistics are from the USPTO's Annual Report FY 2007.

Full post as published by Eastern District of Texas Federal Court Practice on June 06, 2008 (boomark / email).