Trends In Patent Re-Examinations

Law360, New York (November 22, 2010, 4:02 PM EST) -- Inter partes re-examination has become an increasingly popular tool to attack patents. One reason for increased use of this tool is the high cancellation rate reported by the U.S. Patent and Trademark Office for such re-examinations.

According to USPTO statistics, as recently as the period ending March 31, 2009, the rate of “all claims” of a patent being cancelled in inter partes re-examination was 71 percent. This is much higher than the 13 percent kill rate of all claims for ex parte re-examination for the same...
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