By Michael Messinger

For a little pre-Super Bowl fun and to give USPTO ex parte reexamination success rates as of FY 2019 some context, check out these comparisons.

1981 REEXAMS BEGIN

  • Ex parte reexamination as practiced now begins.
  • Tampa Bay led by quarterback Doug Williams makes the playoffs for the second year in a row after joining the NFL in 1976.
  • Five Kansas City players were selected to the Pro Bowl in 1981: Joe Delaney (RB), Art Still (DE), Gary Green (CB), Gary Barbaro (S), and Nick Lowery (PK).

21%  ALL CLAIMS CONFIRMED

  • Since 1981, patent owners facing reexamination brought by challengers have won a total victory 21% of the time – about the same as poor throws by Tom Brady or pressure on Patrick Mahomes.  
  • Percentage of poor throws per pass attempt by Tampa Bay this season (20.9%, 3rd worst in NFL)
  • Percentage of times pressured per dropback for Kansas City this season (22%, NFL median)

14%  ALL CLAIMS CANCELLED

  • Since 1981, patent owners facing reexamination brought by challengers have suffered total defeat 14% of the time.  
  • Kansas City opponents suffered an offensive turnover in 13% of their drives this season.
  • Tampa Bay opponents suffered an offensive turnover in 14% of their drives this season.

65%  SOME CLAIMS AMENDED

  • Since 1981, patent owners facing reexamination brought by challengers have won a mixed result 65% of the time.  
  • Kansas City quarterback Patrick Mahomes’ pass completion percentage this season was 66.3% about the same as reexam patent owners facing amendments.
  • Tampa Bay quarterback Tom Brady’s pass completion percentage this season was 65.7% about the same as reexam patent owners facing amendments.

Ex parte reexamination (‘reexam”) is a proceeding that allows third-parties and patent owners to test the patentability of issued patents.  Reexams are carried before the Central Reexamination Unit of the USPTO rather than at a district court or before the Patent Trial and Appeal Board.  35 U.S.C. §302.

Sources:  USPTO, M.P.E.P., Wikipedia, Pro Football Reference.

Reexamination stats are based on USPTO cumulative statistics.

https://www.uspto.gov/sites/default/files/documents/ex_parte_historical_stats_roll_up.pdf

References

Manual Of Patent Examining Procedure https://mpep.uspto.gov/RDMS/MPEP/e8r9#/e8r9/d0e221775.html

https://en.wikipedia.org/wiki/Tampa_Bay_Buccaneers#1979%E2%80%931982:_First_Playoff_Berth_and_the_Doug_Williams_Era

https://www.pro-football-reference.com/years/2020/