Patent Challenge Options Shrink After Agency Tightens Policies

Alex Yap spoke to Bloomberg Law after recent policy changes at the U.S. Patent and Trademark Office (PTO) led to a historic drop in the ex parte reexamination (EPR) grant rate, creating greater uncertainty for companies challenging patent validity. The article explains that a recent change to the EPR process allows patent owners to contest a challenge before the PTO's Central Reexamination Unit and potentially persuade the unit to decline the challenge before initiating a reexamination proceeding. 

Alex noted that In the past, “you pretty much had to make an effort to not get your request granted.” 

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