As an example: For fiscal year 2009 ending September 30, 2009, 658 ex parte reexamination and 258 inter partes reexamination requests were filed. 92% of ex parte reexamination requests and 95% of inter partes reexamination requests were granted. Of the patents that were subject to reexamination recent trends show that more than 60% of these patents are involved in concurrent litigation. Average pendencies to reexamination certificate for these proceedings were 25.2 and 35.8 months, respectively. For ex parte reexamination concluded proceedings, 25% had all claims confirmed, 11% had all claims canceled and 64% had claim changes. For inter partes reexamination concluded proceedings, 6% had all claims confirmed, 54% had all claims canceled or disclaimed and 40% had claim changes.
These USPTO reexamination statistics demonstrate that reexamination proceedings conducted by the CRU quite often result in patents having their scope of protection narrowed; accounting for the increased popularity of third parties filing reexamination requests, especially where the reexamined patents are in concurrent litigation. - eom.
