Decimation: Ex Parte Reexamination Eclipses the IPR
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Decimation: Ex Parte Reexamination Eclipses the IPR
"The past four weeks, we have only seen eleven (11) IPR petition filings -- the lowest 4-week period since the system began in September 2012."
"Ex parte reexamination requests have climbed substantially and for the first time the once-marginalized process has overtaken IPR as the leading post-grant validity tool."
"Beginning in fall 2025, the lines collide. IPR collapses toward a single-digit floor; reexamination surges past 130 at its recent peak."
"The director-tenure shading on the chart shows a gradual decline under Acting Director Coke Morgan Stewart, then free-fall under Director John Squires beginning in late 2025."
Inter partes review (IPR) has been the primary method for challenging U.S. patent claims for over a decade. Recent data shows a dramatic decline in IPR petitions, with only eleven filings in the last four weeks, marking the lowest period since its inception. In contrast, ex parte reexamination requests have increased significantly, overtaking IPR as the preferred post-grant validity tool. The trend indicates a shift in patent challenge strategies, particularly from late 2025 onwards, with a notable decline in IPR filings and a surge in reexamination requests.
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