USPTO Adds Patent Judges to Pre-Appeal Reviews: A Path to Faster Reversals?

The U.S. Patent and Trademark Office (USPTO) recently announced an important update to its ex parte patent appeal procedures that has the potential to benefit applicants seeking to overcome an examiner’s rejection of their patent application. Under the USPTO’s Pre-Appeal Brief Conference Pilot Program, applicants can request reconsideration of an examiner’s rejection at an early stage in the process before committing to a full appeal. The Pre-Appeal Brief Conference Pilot Program provides an avenue in which an examiner’s rejection can be reversed within weeks after filing a Notice of Appeal, without the applicant needing to spend the time and cost involved in preparing an Appeal Brief and waiting for a decision, which is typically decided more than a year after filing the Notice of Appeal.

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