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USPTO Policy On Discretion to Deny Ex Parte Reexamination Is Contrary to Statute and Precedent
['Stephen Schreiner']
IPWatchdog.com | Patents & Intellectual Property Law
The number of EPR requests more than doubled between 2020 (198 requests) and 2025 (481 requests).
In short, the number of requests for EPRs in 2026 will have increased by more than 500% compared to 2020.
It is a challenge for the Central Reexamination Unit (CRU) that handles EPR proceedings.
The problem is that in deciding requests for EPRs, CRU examiners are currently declining to apply Section 325(d) to original prosecution.
Allow Briefs to Address 325(d)The CRU needs to start considering Section 325(d) when determining whether to grant a request for reexamination.