Lieberman & Brandsdorfer, LLC

July 6, 2020 11:24 EDT

U.S. Patent and Trademark Office (“PTO”) Announces Expedited Appeals

By David S. Taylor, Esq.

On July 2, 2020, the U.S. Patent & Trademark Office (“PTO”) announced a Fast-Track Appeals Pilot Program that allows patent applicants to have their ex parte appeals decided by the Patent Trial and Appeal Board (“PTAB”) within six months from the date an appeal is entered into the Pilot Program.

The Fast-Track Appeals Pilot Program is limited to the first 500 appeals (125 quarterly), or until July 2, 2021 (i.e., one calendar year), whichever occurs earlier. Currently, the average appeal pendency is about 15 months. Given the relatively modest fee of $400 for the Pilot Program, it is very likely that the program will prove popular and reach the 500 appeal quickly.


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