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The Patent Litigation Blog
by Erick Robinson
USPTO's New Ex Parte Reexamination Pre-Order Procedure: A Detailed Analysis of What Changed, Why It Matters, and How It Reshapes Patent Litigation Strategy
On April 1, 2026, USPTO Director John A. Squires signed an Official Gazette Notice establishing, for the first time in the four-decade history of ex parte reexamination, a procedure that permits patent owners to submit substantive briefing before the Office determines whether a substantial new question of patentability exists. The notice, titled " Pre-order Procedure regarding Substantial New Question determination in ex parte Reexamination Proceedings ," took effect on April
Erick Robinson
3 days ago11 min read
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