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Intellectual Property Law

: Two-Seventy-One Patent Blog

Latest Ex Parte Reexamination Statistics from the PTO

By Peter Zura

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The latest statistics on Ex Parte Reexamination (through December 2007) have been released by the PTO. As expected, the number of reexamination requests continue to climb:
2002 - 272 filings
2003 - 392 filings
2004 - 441 filings
2005 - 524 filings
2006 - 511 filings
2007 - 643 filings
2008 - 165 filings
The success rate for requestors has not changed, and continues to favor requestors. Overall, all claims are confirmed in 26% of reexams, claims are changed in 64% of reexams, and 10% of reexams result in all claims being cancelled.

Average pendency of an ex parte reexamination is 2 years, and median pendency is just over a year-and-a-half (18.6 months).

Read/download PTO Ex Parte Reexamination statistics here (link)

Full post as published by Two-Seventy-One Patent Blog on March 14, 2008 (boomark / email).

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