IPWatchdog

Six Months of Patent Owner Pre-Order Statements in Ex Parte Reexamination

Since April 5, 2026, a patent owner can file a paper opposing a request for ex parte reexamination (EPR) before the U.S. Patent and Trademark Office (USPTO) decides whether to order it. Six months in, patent owners use the paper in about two of every five requests, requesters try to respond in most of those, and the Office keeps almost every response out. None of it has measurably changed how often reexamination is ordered. The order rate was already falling before the procedure began, and the s

By IPWatchdog

1 min read
Six Months of Patent Owner Pre-Order Statements in Ex Parte Reexamination
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