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ARTICLE · 10 JULY 2020

PTAB Fast-Track…Not So Fast

Ropes & Gray LLP
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Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals.

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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New Pilot May Not Accelerate Post-Grant Matters

Last week the United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to begin accepting petitions for expedited resolution of ex parte appeals. The program, entitled "Fast-Track Appeals Pilot Program" launched July 2, 2020. ( here)

But, the program may not benefit all appellants. And it is important to understand that the program is not offering an appeal timeline (start to finish) that spans 6 months.

First, the USPTO expects that the average ex parte appeal reviewed under the Fast-Track Appeals Pilot Program will be decided within six months from the date a petition is granted. But, reexamination, reissue, and supplemental examination appeals are already decided (on average) in 5 months. As such, patent application appeals will be the primary beneficiaries of the Pilot.

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