Patent Office Examinations - Appeals to the PTAB
The PTAB has the authority to hear and adjudicate appeals from applicants on adverse patentability decisions in patent applications and patent reissues and reexaminations. The appeal process is triggered by filing a Notice of Appeal, proceeds with a briefing of the issue(s) by applicant and examiner with an optional oral hearing, and then concludes with a written decision by the PTAB. Applicant’s written and oral advocacy is not only a key to a successful appeal, but also understanding when to seek an appeal in prosecution and further, keeping a watchful eye on enforcement issues. Finnegan attorneys understand the complexity and strategy involved. Our experience spans from appeals in a multitude of technical fields with varying issues of contention. We also appreciate the impact that an appeal can have on global patent portfolio along with its potential business implications. We draw on our collective experience to guide clients through appeals to the PTAB.