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Data insight1 min readEx parte reexamination

Most third-party reexaminations end with changed claims.

Of 8,927 ex parte reexaminations requested by third parties that ended in a certificate, through September 2025, 61.0% changed the claims. 22.9% confirmed every claim, and 16.1% canceled every claim.

61.0%of third-party reexam certificates changed the claims. Changed is not the same as lost.

Before you read

When a third-party ex parte reexamination ends in a certificate, what is the most common result?

Part 1 of 4

What the certificates say

A reexamination ends with a certificate that confirms, cancels or changes the claims. The USPTO has tallied every one since the procedure began in 1981.

Third-party reexams that ended in a certificate

8,927 certificates, all years through Sept 30, 2025

Tap a segment to read what it covers.

Source

Part 2 of 4

Changed isn’t lost

The headline trap

The tempting reading

61% of challenged patents lose in reexamination.

Owners who request their own reexamination see a similar pattern: of 4,025 certificates, 68.4% changed the claims, 21.3% confirmed them all and 10.3% canceled them all.

Part 3 of 4

How long it takes

Filing to certificate, all reexaminations

Median
18.9 mo
Average
25.2 mo

Overall pendency from filing date to certificate, as of September 30, 2025. A few long cases pull the average above the median.

Source

Part 4 of 4

What it means

  • Plan for amendment. Most third-party reexams end with changed claims, which can mean narrower claims that still cover what matters.
  • Budget for about a year and a half to two years to a certificate.

The takeaway

A reexam rarely leaves the claims exactly as they were. Plan for amendment, on either side.

Sources

  1. S50USPTO, Ex Parte Reexamination Filing Data, September 30, 2025. Data source ↗

Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.

Changes (4)
  • Added the denominator the original left out: 8,927 third-party certificates (Muse). The three shares re-checked against the USPTO’s filing data and sum to 100.0%.
  • Added two figures from the same USPTO table: owner-requested certificates (68.4% changed) and pendency (average 25.2 months, median 18.9).
  • Kept the original’s caution that “claims changed” includes amended and added claims, so it is not the same as a loss.
  • Internal file path removed from the source line.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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