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Reexam Statistics

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Our fellow blogger at 271patent.blogspot recently had an interesting post discussing the statistics on reexamination in 2007 as set forth in a USPTO Report.

The latest statistics on Ex Parte Reexamination (through December 2007) have been released by the PTO. As expected, the number of reexamination requests continue to climb:

2002 – 272 filings
2003 – 392 filings
2004 – 441 filings
2005 – 524 filings
2006 – 511 filings
2007 – 643 filings
2008 – 165 filings

The success rate for requestors has not changed, and continues to favor requestors. Overall, all claims are confirmed in 26% of reexams, claims are changed in 64% of reexams, and 10% of reexams result in all claims being cancelled.

Average pendency of an ex partereexamination is 2 years, and median pendency is just over a year-and-a-half (18.6 months).

For full post see here.

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