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The U.S. Patent and Trademark Office (USPTO) recently released statistics about its Fast-Track Appeals Pilot Program. The program went into effect on July 2, 2020 and is currently slated to run until the earlier of July 2, 2021 and 500 appeals being accepted into the program. Any ex parte appeal pending at the Patent Trial and Appeal Board (PTAB) is eligible for this program, so it is worthwhile for patent applicants to keep it in mind as an option to speed PTAB appeal.
The Fast-Track program aims to expedite PTAB decision to within 6 months of acceptance into the program. PTAB appeals typically take 13-15 months to decision, per USPTO statistics provided here and here. Under the Fast-Track program, PTAB decisions have issued after 1.9 months on average. Acceptance into the program is also fast, averaging just 1.5 days after petition filing. Up to 125 applications can be accepted into the program each quarter, with
Expediting PTAB Appeals Using the Fast-Track Program Friday, February 26, 2021
The U.S. Patent and Trademark Office (USPTO) recently released statistics about its Fast-Track Appeals Pilot Program. The program went into effect on July 2, 2020 and is currently slated to run until the earlier of July 2, 2021 and 500 appeals being accepted into the program. Any ex parte appeal pending at the Patent Trial and Appeal Board (PTAB) is eligible for this program, so it is worthwhile for patent applicants to keep it in mind as an option to speed PTAB appeal.
The Fast-Track program aims to expedite PTAB decision to within 6 months of acceptance into the program. PTAB appeals typically take 13-15 months to decision, per USPTO statistics provided here and here. Under the Fast-Track program, PTAB decisions have issued after 1.9 months on average. Acceptance into the program is also fast, averaging just 1.5 days after petition filing. Up to 125 applications can be accepted int
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As the world pivoted to navigate obstacles brought on by the COVID-19 pandemic, the USPTO not only adapted to address the challenges, but appeared to make the most of this period by improving existing procedures. Widely publicized adjustments, such as efficiently moving 13,000 examiners and other employees to a remote working environment
1 and reducing the average examination time
2, overshadow equally laudable advances that have resulted in more robust and streamlined examination, with a seeming aim at achieving improved customer service toward its applicants and stronger international partnerships. This article summarizes five procedural developments that have greatly impacted U.S. prosecution, and in many instances, improved the experience for USPTO customers.
Those who qualify for “Small Entity Status” at the USPTO enjoy a
fifty-percent reduction for a variety of fees, including the basic filing fee, search fee, and examination fee. However, it should be noted that certain fees are not reduced, such as international application fees.
Individuals, small business concerns, and non-profit organizations may all qualify for small entity status, regardless of the country in which they are located. Small business concerns are those who have fewer than 500 employees and affiliates, and also have not assigned, granted, conveyed, or licensed any rights in the relevant invention to those who would not qualify as a small entity. Additionally, universities and other institutions of higher education qualify as nonprofits for purposes of small entity status.