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.