Alerts and Updates
USPTO: New Pre-Appeal Brief Conference Pilot Program for Patent Applicants Begins
July 19, 2005
The United States Patent and Trademark Office (USPTO) announced on July 12 the launch of a pilot program that offers patent applicants the option of requesting a panel of experienced Patent Examiners to formally review the legal and factual basis of the rejections in their applications prior to their filing of an appeal brief in an appeal to the Board of Patent Appeals and Interferences.
The USPTO expects the program to reduce the number of appeals filed and save applicants the time and expense of preparing an appeal brief if a panel review determines the rejections are meritorious.
The pilot program took effect on July 12, the date of publication of the USPTO notice. The program is designed to allow applicants who think there is a clear deficiency in the prima facie case in support of a rejection to file the request at the same time that they file a notice of appeal. The time for filing an appeal brief is stayed until the longer of one month from the decision of the panel review and the original two-month time frame for filing the appeal brief.
Applicants still can avail themselves of the normal practice and procedures already in place under Part 41 of Title 37 of the Code of Federal Regulations relating to appeals and practice before the Board of Patent Appeals and Interferences, including filing an appeal brief if the request for panel review is denied or the panel finds in favor of the rejection.
Below is the link to the full text of the USPTO OG Notice regarding the pilot program:
http://www.uspto.gov/web/offices/com/sol/og/2005/week28/patbref.htm
For Further Information
If you have any questions or would like more information about this Alert, please contact any of the attorneys of the Duane Morris Patents Practice Group.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
