The Board Is Deciding Ex Parte Appeals Within One Year

The Patent Trial and Appeal Board recently presented an update on the "Fast-Track Appeals Pilot Program" the Patent Office initiated in July 2020. As we previously explained (link), the program is designed to reduce the pendency of ex parte appeals. Under the program, the Board has been issuing decisions within six months from the date the appeal enters the program. That's a significant reduction in pendency. In its update, the Board presented details of the program's progress.

Pendency of an ex parte appeal does not include any time preceding the Board's receipt of a fully briefed appeal and the Patent Office's receipt of all appeal-related fees. Patent applicants (appellants) should therefore appreciate their role in controlling how long briefing may last. To that end, the Board offered data on how diligent applicants and examiners have been-notably, both have been filing their main briefs before the deadlines to do so.