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.

Waive Patent Owner's Statement - Ex Parte Rexamination Proceedings

[Federal Register: August 5, 2010 (Volume 75, Number 150)]

[Notices][Page 47269-47270]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05au10-47]                        

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2010-0056]

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

Pilot Program for Waiver of Patent Owner's Statement in Ex Parte

Reexamination Proceeding

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05au10-47

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SUMMARY: The United States Patent and Trademark Office (USPTO) recognizes the need to reduce the pendency of reexamination proceedings and improve the efficiency of the reexamination process. The USPTO is considering a number of short and long-range initiatives that can be implemented in three phases. In phase I, the USPTO will implement streamlined procedures, as well as optional programs in which patent owners and third party requesters may elect to participate in order to gain the benefit of shorter pendency. In phases II and III, the USPTO will consider the data gathered from phase I and the feedback from the patent owners and other stakeholders, and implement process changes that are likely to improve efficiency. Such changes may include internal procedural changes, rule making that includes opportunities for the public to comment, and/or administrative proposals for statutory changes to enhance the efficiency of the USPTO in conducting

reexamination proceedings. As part of phase I to reduce pendency and improve efficiency in ex parte reexamination proceedings, the USPTO is implementing, in this notice, a pilot program in which patent owners may waive the right to file a patent owner's statement upon a request made by the USPTO. This will enable USPTO in suitable cases to issue the first Office action on the merits together with or soon after the reexamination order, and thereby reduce the pendency of the proceeding by about three to five months.

DATES: Effective Date: The changes set forth in this notice will take

effect on August 5, 2010.