PTAB’s “Fast-Track” pilot still available for pending ex parte appeals

by John Roberts on February 23, 2021

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PTAB’s “Fast-Track” pilot still available for pending ex parte appeals

On July 2, 2020, the United States Patent and Trademark Office (USPTO) launched the first-ever “Fast-Track Appeals Pilot Program” to offer patent appellants a way to secure expedited resolution of an ex parte appeal. Upon launch, the Patent Trial and Appeal Board (PTAB) set a six-month goal for deciding an appeal in the Pilot Program, which is roughly twice as fast as the average appeal time for cases not under fast-track review.

Since the Pilot Program’s July launch through January 31, 2021, the PTAB has granted 111 petitions. Moreover, the PTAB has issued decisions for 78 of the 111 petitions, resolving an appeal on average in about two months from the date the petition for fast-track review was granted and beating its initial six-month goal.

The Pilot Program is set to conclude on July 2, 2021 with an option to renew. To participate, an appellant must submit a petition, complete a brief form available on the PTAB’s webpage, and pay a modest fee. The program is available for all pending ex parte appeals.

For additional information on the Fast-Track Appeals Pilot Program, see the USPTO’s Federal Register Notice and the PTAB’s webpage on the USPTO website.

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