Essentials
Statistics
The PTO made a commitment in 2005 to make reexamination a more streamlined and viable venue for post-grant validity challenges by creating the Central Reexamination Unit (“CRU”). Their operational and quarterly statistics are posted here.
Daily Reexamination Report – October 26, 2011
Below is the newest reexamination request filed with the United States Patent and Trademark Office as of October 26, 2011: one ex parte reexamination request and two inter partes reexamination request.
Milestones for Calculating Reexamination Pendency
Overall pendency is calculated from the request for reexamination filing date to Notice of Intent to Issue a Reexamination Certificate (”NIRC”). Proceedings that go up on appeal to the BPAI may follow a separate procedural track. There are many milestones to consider and practitioners are advised to review averages of pendency with care. Each proceeding is unique and (as the range of data suggests) the “average” reexamination is difficult to typify.
Historical USPTO Reexamination Statistics
These historical statistics produced by the USPTO as “Reexamination Filing Data” account for all requests for reexamination filed since July 1, 1981 (for ex parte) or since November 29, 1999 (for inter partes). They are updated quarterly by the USPTO and are available here for previous years no longer posted. Operational statistics have recently become available and show quarterly volume and timing in processing requests for reexamination.