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USPTO Releases 2010 Patent Reexamination Stats
This post has been corrected. An earlier version indicated an inaccurate filing rate that was based on calendar year rather than fiscal year .
Yesterday, the USPTO released ex parte and inter partes reexamination statistics for the 1st Qtr of 2010. 2010 results to date show 126 inter partes reexamination filings, this number is equivalent to the total of all such requests filed in 2007.
The operational statistics show the USPTO maintaining or exceeding the 2009 timing with respect to processing durations, with some commendable improvements in several categories.
With roughly 70% of inter partes reexamination filings identified as relating to a concurrent litigation (as compared to 30% for ex parte), for those entities taking advantage of an early filed inter partes reexamination, Congress and the USPTO have seemingly delivered on providing a viable alternative to patent litigation. Of course the CRU will need to continue to effeciently handle the growth in demand. Likewise, the Office may soon have the rug being pulled out from under them should patent reform come to pass, effectively transferring inter partes proceedings to the Board.
It’s taken years, but these rapidly increasing numbers show that many clients and attorneys have finally wised-up to using the reexamination system instead of being mislead by trial lawyers to save all their potential invalidity defenses for trial. [Even though very few patent disputes ever get to trial. Even though the odds are appallingly poor for convincing a typical juror [who never even took physics or chemistry] that technically complex patent A combined with technically complex publication B should invalidate confusing patent claim C, and in spite of confusing testimony, a U.S. Government blue ribbon and seal on the patent, and jury instructions of presumed validity and a uniquely high civil case requirement of “clear and convincing evidence.” ] Unfortunately, in too many cases, still not until too late.