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.
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?
Four, about 0.5%. Two more supplemental examinations on listed patents are a separate proceeding and counted apart.
Part 1 of 3
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.
Of 751 requests filed January 1 to October 14, 2026: about 0.5%.
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
Counted
Not counted
Part 3 of 3
The takeaway
Reexamination’s growth has barely touched listed drug patents so far. Unlisted drug-related patents are a different question.
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.