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