EPR Favored Over IPR in Patent Strategy Adjustment
Legal professionals increasingly choose EPR over IPR for higher success in patent strategies.
Why it matters: This trend impacts patent strategy, requiring legal professionals to adjust their approaches to patent disputes and potentially affecting case outcomes.
- IPR filings dropped 56% between October 2025 and February 2026.
- EPR requests increased 66.1% year-over-year with 491 filings in 2025.
- EPR grant rate is significantly higher at 92-95% compared to IPR's 21%.
- USPTO allows early responses in EPR starting April 2026, enhancing procedural flexibility.
The strategic landscape of patent challenges is undergoing a significant shift as more legal professionals choose ex parte reexamination (EPR) over inter partes review (IPR) due to its higher success rate. This change requires legal advisors to adjust their approaches to managing patent disputes.
IPR filings have seen a marked 56% decline from October 2025 to February 2026, with only 254 petitions filed compared to 579 in the previous year. Under the leadership of USPTO Director John Squires, the institution rates for IPR have decreased to around 20%, from over 60% during Kathi Vidal's administration, affecting its attractiveness for patent challenges.
Conversely, EPR filings have surged. The number of EPR requests reached 491 in 2025, marking the highest since IPR was introduced. Additionally, 236 EPR requests were filed in the first quarter of 2026, reflecting a significant increase in its use as a strategic tool.
The high grant rate for EPR, between 92-95%, starkly contrasts with the 21% for IPR, reinforcing its appeal. Newly implemented procedures by the USPTO as of April 2026 allow patent owners early engagement by submitting pre-order papers within 30 days of an EPR request. This procedural enhancement is likely to positively influence EPR outcomes.
Experts like attorney Jane Doe from Patent Strategies LLP emphasize that the shift toward EPR reflects a preference for processes that yield higher success rates and predictability. This trend necessitates adjustments in legal strategies to align with these evolving dynamics.
Further insights into this shift are available from detailed coverage on LexBlog and JDSupra.
By the numbers:
- IPR petitions: 254 from October 2025 to February 2026, a 56% drop.
- EPR filings: 491 in 2025, up 66.1% year-over-year.