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.
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.
Reexamination Operations Statistics
The most recent reexamination statistics from the USPTO have been released, current to December 31, 2009. These counts report the volume and timing of pending proceedings for Quarter 1 of Fiscal Year 2010. The charts also include reexamination statistics for inter partes requests, ex parte requests, and the volume and timing of both inter partes and ex parte reexaminations from 2007-2009.
Ex Parte Reexamination Statistics
The most recent reexamination statistics from the USPTO have been released, current to December 31, 2009. The official USPTO report of “Ex Parte Reexamination Filing Data” provides cumulative statistics for all requests for reexamination filed since July 1, 1981. The charts also include the number known to be in litigation, number granted or denied, overall pendency, and certificate outcome analysis.
Inter Partes Reexamination Statistics
The most recent reexamination statistics from the USPTO have been released, current to December 31, 2009. The official USPTO report of “Inter Partes Reexamination Filing Data” provides cumulative statistics for all requests for reexamination filed since November 29, 1999. The charts also include the number known to be in litigation, number granted or denied, overall pendency, and certificate outcome analysis.