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ARTICLE · 10 JULY 2020

Fast-Track Decisions On Ex Parte Appeals

Marshall, Gerstein & Borun LLP
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On July 2, 2020, the Patent Office initiated the "Fast-Track Appeals Pilot Program," which it designed to reduce the pendency of ex parte appeals.

United StatesIntellectual Property
Sandip H. Patel
Sandip H. Patel
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On July 2, 2020, the Patent Office initiated the "Fast-Track Appeals Pilot Program," which it designed to reduce the pendency of ex parte appeals. The program, effective for one year, is in a pilot stage to gauge the public's interest and to assess its longer-term feasibility. The Office neither expects nor intends any delays for appeals that forego the pilot program. So, for now, participation in the program is first come, first served, limited to 500 applications, and requires submission of a short petition and payment of a modest fee. The program is likely welcome news, especially to those who have complained about the lengthy pendency often accompanying appeals.

A patent applicant dissatisfied with an examiner's final rejection of an application claim may appeal the rejection to the Patent Trial and Appeal Board. The process begins with a notice of appeal. Jurisdiction over the application remains, however, with the examiner until briefing is complete. Within

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