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Patent Alert: USPTO announces Fast-Track Appeals Pilot Program

By: Babak Akhlaghi –

The United States Patent and Trademark Office (“USPTO”) today announced plans for the Patent Trial and Appeal Board (“PTAB”) to begin accepting petitions for expedited resolution of ex parte appeals.   The “Fast-Track Appeals Pilot Program” (“the Program”) becomes effective tomorrow, July 2, 2020. The required petition fee is $400.  

What is it:

Under the Program, patent owners can have their appeals advanced out of turn.  To do so, you simply file a petition to request fast-track review and pay a petition fee of $400.  Under the Program, the decision on appeal will be issued within 6 months, which is significantly shorter than the normal appeal route, which normally takes a few years. 


Eligibility Requirement:

To qualify for the Program, the following four (4) conditions must be met:

  • Application type: The application must be an original utility, design, or plant nonprovisional application.
  • Timing:  The notice of appeal has been filed and the appeal is pending before the PTAB.
  • Petition:  A petition must be filed along with $400 petition fee.
  • Limits: The number of grated petitions is limited to 125 per quarter for total of 500 per year. 

Conclusions:

This program is an extension of Track One for prioritized examination program, which guarantees allowance or final rejection of an application within 1 year of the application’s filing date.  If the application is finally rejected, you can file an appeal and expedite it under the FTAP Program and have the result within 6 months.  So, together, these programs can significantly reduce the time it takes for inventors to get patents on their innovations and begin commercializing them. 

Read more: Federal Register Notice here.

About the Author

Babak Akhlaghi is an adjunct professor at University of Maryland, where he teaches legal aspects of entrepreneurship. Babak is also a registered patent attorney and the Managing Director at NovoTech Patent Firm, where he assists inventors in protecting and monetizing their inventions. He is also a co-author of the "Patent Applications Handbook," which has been updated and published annually by West Publications (Clark Boardman Division) since 1992. One of his distinguished accomplishments involves guiding a startup through the patent application process, which led to substantial licensing opportunities that significantly enhanced the company's strategic value.

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