Reexamination Filings Continue Their Upward Trend

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In the September 2007 issue of this newsletter, we reported on the latest reexamination statistics available at that time. In this issue, we provide an update on those figures based upon the USPTO’s recent release of statistics for the first half of fiscal year 2008. Both ex parte and inter partes reexamination filings continue to increase,

with inter partes reexaminations again scoring a sizeable increase.

The statistics cover the first half of the PTO’s 2008 fiscal year beginning October 1, 2007, and ending March 31, 2008. During this period, the PTO received 330 ex parte reexamination requests. Using simple linear growth assumptions, this extrapolates to 660 expected ex parte filings by the end of fiscal year 2008, breaking last year’s record 643 filings. Historically, ex parte reexamination filing numbers stayed more or less within the 300-400 range during the 1990s and the early part of

this decade, but have shown an unmistakable upward trend since 2003, which saw 392 filings.

See full legal update for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

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