Blocking Ex Parte Reexamination At the Threshold: Using the New USPTO’s Procedures to a Patent Owner’s Advantage

New USPTO procedures allow patent owners to respond to ex parte requests pre-reexamination. Patent owners should consider strategically leveraging these procedures to prevent their patent claims from being cancelled or narrowed through reexamination.

5 minute read June 30, 2026 at 11:11 PM
By
Fabian Koenigbauer
Blocking Ex Parte Reexamination At the Threshold: Using the New USPTO’s Procedures to a Patent Owner’s Advantage

With institution rates in post-grant proceedings falling to 37% for the current fiscal year, patent challengers increasingly turned to ex parte reexaminations to challenge patents. While ex parte

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