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Can Your Company Benefit from the USPTO’s Fast-Track Appeals Pilot Program?
Author: David A. EinhornDate: July 15, 2020
The U.S. Patent and Trademark Office (USPTO) continues to roll out new pilot programs. Its latest, the “Fast-Track Appeals Pilot Program,” seeks to speed up the resolution of ex parte appeals.
The Fast-Track Appeals Pilot Program took effect on July 2, 2020. Under the program, an appellant who has filed an ex parte appeal before the Patent Trial and Appeal Board (PTAB) and received a notice that the appeal has been docketed may file a petition, accompanied by a petition fee, to expedite the review of his or her appeal. According to the USPTO, it expects that the average ex parte appeal reviewed under the new pilot program will be decided within six months from the date a petition is granted. Currently, the average appeal pendency is about 15 months.
Supreme Court Rules USPTO Can’t Recover Attorney Fees in §145 Actions
SCOTUS recently ruled in Nantkwest, Inc. v. Iancu that 35 U.S.C. § 145 does not require patent applicants to pay the USPTO’s...
Will Your Design Patent Hold Up in Court?
The Federal Circuit Court of Appeals Recently Held that the Scope of a Design Patent can be Limited by the...
Why is the STRONGER Patents Act of 2019 So Controversial?
Last Month, the Senate Judiciary Committee's Subcommittee on Intellectual Property Held a Hearing on the Stronger Patents Act of 2019......
Federal Circuit — Inventors Not Estopped from Challenging Assigned Patents in IPR
The Doctrine of Assignor Estoppel does not Apply in Inter Partes Review (IPR) Proceedings Under the America Invents Act (AIA) The doctrine...
SCOTUS Upholds Inter Partes Patent Reviews in Oil States Energy Services LLC v Greene's Energy Group LLC
June 4, 2018
In Oil States Energy Services LLC v Greene's Energy Group LLC, SCOTUS Confirms Inter Partes Review under America Invents Act is Constitutional...
Patent Filers May Suffer Sticker Shock Next Year as USPTO Hikes Patent Fees
December 19, 2017
USPTO Recently Issued Final Rule Raising Certain Patent Fees The U.S. Patent and Trademark Office (USPTO) recently issued a final...
Supreme Court to Determine Constitutionality of America Invents Act Patent Reviews
August 1, 2017
SCOTUS to consider whether inter partes review under the America Invents Act is constitutional The U.S. Supreme Court recently granted...
Patent vs Copyright: Which One Do I Need?
March 8, 2017
Patent vs Copyright: Which Is The Correct IP Protection You Need? Patents and copyrights are two vital aspects of intellectual...
Design Patent Dispute Between Apple and Samsung Returns to District Court
March 2, 2017
Court of Appeals Remands Apple Samsung Design Patent Dispute Back to District Court The design patent dispute between Apple, Inc....