Ex Parte Re-Examination of Patents

Ex parte re-examination of patents, a procedure that predates and survives the implementation of the AIA, provides the advantage of allowing the challenger to remain anonymous.  Further, ex parte reexamination is the least expensive of the post-issuance patent challenges, although the costs have increased dramatically since the passing of the AIA to (as of January 1, 2014) $12,000 plus $420 for each independent claim in excess of 3 plus $80 for each claim in excess of 20 total.  Small entity and micro entity fee discounts are available.  Another advantage of ex parte reexamination is that no legal estoppel applies to the requester.  However, because of its ex parte nature the challenger has restricted involvement in the proceeding.  Statistically ex parte review is less effective than inter partes review and covered business method review, thus likely explaining the drop-off of ex parte reexamination filings since implementation of the AIA.

< back