Reexams Spiked Further in Q4 as USPTO Continued to Tighten IPR Limits

As the USPTO continues to make changes limiting access to America Invents Act (AIA) review, petitioners have responded by filing more and more ex parte reexaminations—which, while slower than inter partes reviews (IPRs), are not subject to discretionary denials to the same extent.

RPX has previously noted how the popularity of reexams has tended to climb in response to policy shifts that constrain IPR access: In 2020, the year that the Fintiv decision was designed as precedential, the number of requests for ex parte reexam increased by 21%, and then by 53% in 2021. While they held steady at about 330 requests per year in 2022 (the year Vidal issued guidance limiting NHK-Fintiv) and 2023, they surged by 27% in 2024 (following a decision by Vidal, in CommScope v. Dali Wireless, that limited the “compelling merits” exception then in effect under the 2022 guidance).

Reexams peaked yet again in 2025: Following a more muted first quarter, reexam requests climbed by 32% in Q2 (during which Stewart withdrew Vidal’s aforementioned restrictions on Fintiv) compared to the same quarter last year, then swung up by 39% in Q3 and spiked by 119% in Q4. As a result, reexam filings were up by 49% for the year as a whole.

Also, data indicate that the share of patents with reexam requests that have also been litigated in district court has continued to climb—reaching 71% in 2025, up from 54% last year. Data additionally show that the amount of patents for which defendants have also requested IPRs has begun to swing back upward, following a steady downward slide: After peaking at 36% in 2021 and decreasing to 33% in 2022, 24% in 2023, and 20% in 2024, this share climbed to 29% in 2025.

For more on the impact of last year’s changes at the Patent Trial and Appeal Board (PTAB), including a significant drop in AIA review petitions and a continued decline in institution rates, see RPX’s fourth-quarter review.