3.  Efficiency and Statistics on Use

The typical time frame for completion of an ex parte reexamination proceeding is one to two years.34  In the first twenty years since its inception, there have been on average about 300 ex parte reexaminations requests filed per year, which represents about 0.2% of the average 150,000 United States patents issued each year.35  In 2004, there were a total of 441 requests for reexamination filed with thirty-eight percent filed by patent owners, sixty-one percent by third parties, and one percent by the Commissioner.36  The 441 ex parte reexamination requests filed represents 0.24% of the 187,270 patents issued in 2004, which is consistent with the historical average.  Of the 441 requests, 138 were known to have related litigation.37  In terms of determinations on the requests, ninety-eight were granted and two percent were denied.38  In terms of filings by discipline, thirty percent of the requests were in the chemical arts, and thirty-five percent in each of the electrical arts and mechanical arts.39  From the 2003 PTO Performance and Accountability report, of more than 6700 requests filed from the start of ex parte reexamination, twenty-six percent of the total requests had all claims confirmed, ten percent had all claims cancelled, and sixty-four percent had some claim amendments

http://www.ncjolt.org/content/view/36/62/1/1/

Are we there yet?

Be well