New USPTO Expedited Patent Appeal Pilot Program

On June 15, 2015, the United States Patent and Trademark Office ("USPTO") issued Notice in the Federal Register announcing a new pilot program, the Expedited Patent Appeal Pilot.  Under the program an appellant may have an ex parte appeal to the Patent Trial and Appeal Board ("Board") accorded special status if the appellant withdraws the appeal of another application in which an ex parte appeal is also pending before the Board.  According special status is a procedure under which an application is advanced out of turn.  A stated goal of the Expedited Patent Appeal Pilot is to reduce the backlog of appeals pending before the Board.  The pilot program also will allow appellants having multiple ex parte appeals pending before the Board to have greater control over the priority with which their appeals are decided.  Petitions can be filed to participate in the pilot program until June 20, 2016, or until 2,000 petitions are granted, whichever occurs first.