Tuesday, June 16, 2015

PTAB - Expediting Ex Parte Appeal

The USPTO announce a pilot program where the Patent Trial and Appeal Board (PTAB) will expedite an ex parte appeal if appellant withdraws another appeal (e.g., abandons or files a RCE).

The pilot program is available to June 16, 2016 or PTAB expedites 2,000 appeals, whichever occurs first.

Here's the USPTO announcement:

"The PTAB is pleased to announce a new pilot program, beginning on June 19, 2015, that will allow appellants with multiple ex parte appeals pending before the Patent Trial and Appeal Board (Board) to expedite review of one appeal in return for withdrawing another appeal. The Expedited Patent Appeal Pilot will allow appellants having multiple ex parte appeals currently pending before the Board to have greater control over the priority with which their appeals are decided and reduce the backlog of appeals pending before the Board. Appellants wishing to participate in the pilot program need only make a certification and file a petition to the Chief Judge under 37 C.F.R. § 41.3. The Office has waived the petition fee and provided a form-fillable PDF (Form PTO/SB/438) for use in filing the certification and petition."

For more information refer to the Federal Register Notice and PTAB web page.

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