Haynes Boone Partner Jonathan Bowser authored an article for Westlaw Today examining a recent shift to ex parte reexaminations as an alternative to challenging issues claims in inter partes review proceedings.
Read an excerpt below.
Patent challengers are using ex parte reexaminations (EPRs) as an alternative to challenging issued claims in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). This shift to EPR is a byproduct of significant policy changes implemented by USPTO Director John Squires and Deputy Director Coke Morgan Stewart generally beginning in March 2025.
For example, more IPR petitions are being discretionarily denied due to the status of parallel litigation or the age of the patents being challenged. In addition, the Director now decides whether to deny or grant institution of IPRs, rather than PTAB judges. Since October 2025, the institution rate under Director Squires is about 20%. Under former Director Kathi Vidal, the institution rate averaged above 60%.
These changes have led to a reduction in the number of IPRs filed by patent challengers. For example, according to PTAB trial statistics, patent challengers filed only 254 IPR petitions from October 1, 2025, to February 28, 2026. This represents a 56% decline in the number of IPR petitions filed in a comparable period between October 1, 2024, and February 28, 2025 (579 IPR petitions).
Patent challengers are increasingly filing EPR requests to challenge the validity of issued patent claims. The USPTO recently acknowledged the surge in EPR filings during a "USPTO Hour" webinar on February 18, 2026, relying on its fiscal year data (October to September).
To read the full article in Westlaw Today, click here.
