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Data insight1 min readEx parte reexamination

Few 2026 reexaminations target listed drug patents: 4 of 751.

Of 751 ex parte reexamination requests filed from January 1 to October 14, 2026, four target patents listed in the FDA’s Orange Book, about 0.5%. None target patents on the Purple Book list for biologics. The match covers listed patents only.

4 of 7512026 reexam requests target Orange Book–listed patents. None target Purple Book–listed patents.

Before you read

Of 751 ex parte reexam requests filed in 2026 through October 14, how many target patents listed in the FDA’s Orange Book?

Part 1 of 3

Four of 751

The FDA’s Orange Book lists approved drugs and the patents that cover them. The Purple Book patent list does the same for biologics. We matched every 2026 ex parte reexamination request in the USPTO’s Open Data Portal against both lists.

Orange Book–listed patents4

Of 751 requests filed January 1 to October 14, 2026: about 0.5%.

Purple Book–listed patents0

No 2026 request targets a patent on the biologics list.

Two more filings on listed patents are supplemental examinations, a separate proceeding in which the owner asks the Office to consider information. They are counted apart from the 751.

Part 2 of 3

Read the limits first

What the match covers

Counted

  • Requests against patents currently listed in the Orange Book
  • Requests against patents on the Purple Book patent list

Not counted

  • Patents no longer listed
  • Drug-related patents that were never listed, such as those in 90/016,420 and 90/015,927
  • Patents missing from the Purple Book list, which is incomplete, so the zero comes with an asterisk

Part 3 of 3

What it means

  • Through mid-October 2026, reexam requests barely touched Orange Book–listed patents.
  • Don’t read that as immunity. The count is small and the year isn’t over.

The takeaway

Reexamination’s growth has barely touched listed drug patents so far. Unlisted drug-related patents are a different question.

Sources

  1. S53USPTO Open Data Portal: patent file-wrapper records for ex parte reexamination (90/ control numbers) and PTAB trial status, as pulled by PostGrantProceeding on Oct. 14 and 15, 2026. Data source ↗
  2. S87FDA, Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book) and Purple Book patent list, matched by PostGrantProceeding against 2026 reexamination requests (Oct. 14, 2026). 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)
  • Headline uses the number, not “few” (Muse): 4 of 751, about 0.5%.
  • Glossed the Orange Book, the Purple Book patent list and supplemental examination.
  • Limits moved up front and shown as a visual: current listings only; the Purple Book list is incomplete; unlisted drug-related patents aren’t counted (examples kept: 90/016,420 and 90/015,927).
  • Internal file path removed; attributed to PostGrantProceeding’s match of USPTO and FDA data.
General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.
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