PTAB: New $400 Appeal Fast Track Is Boon for Important Patents

The U.S. Patent and Trademark Office (USPTO) launched a fast track pilot program to help applicants expedite ex-parte appeals on unfavorable ex-parte reexaminations for $400. The Fast-Track Appeals Pilot Program would issue decisions by the Patent Trial and Appeal Board (PTAB) on ex-parte appeals within six months from the date the petition was granted and the appeal was entered into the pilot program. Managing Intellectual Property contacted Finnegan partner Adriana Burgy for her thoughts on the new program.

Adriana believes the program will be useful when a business is about to commercialize a product and needs to expedite the appeal process so that the product has a better chance of obtaining protection on time. She noted that the speedy process and the cost of the pilot program will be beneficial specifically to small businesses.

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