Thursday, September 17, 2015

Streamlined, Expedited Patent Appeal Pilot for Small Entities

The Federal Register Vol. 80, No. 178 (Tues., Sept. 15, 2015) on pages 55339-55341 contains the following notice:

The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing a temporary basis (the Streamlined, Expedited Patent Appeal Pilot for Small Entities) under which a small or micro entity appellant may have an ex parte appeal to the Patent Trial and Appeal Board (Board) accorded special status if the appellant has only a single appeal pending before the Board and the appellant agrees to streamline the appeal. Specifically, the appeal must not involve any claim subject to a rejection for lack of written description, enablement, or best mode, or for indefiniteness, and the appellant must agree to the disposition of all claims subject to each ground of rejection as a single group and waive any request for an oral hearing. The Streamlined, Expedited Patent Appeal Pilot for Small Entities will allow small or micro entity appellants who streamline their appeals to have greater control over the priority with which their appeals are decided.

DATES: Effective Date: September 18, 2015.

Duration: The Streamlined, Expedited Patent Appeal Pilot for Small Entities is being adopted on a temporary basis and [[Page 55340]] will run until two thousand (2,000) appeals have been accorded special status under the pilot, or until September 16, 2016, whichever occurs earlier.

See the complete notice at: http://www.gpo.gov/fdsys/pkg/FR-2015-09-15/html/2015-23090.htm