My Chat with the Board – “Fast-Track Appeals Pilot Program”
The “Fast-Track Appeals Pilot Program” (“the Program”) became effective on July 2, 2020. I had a chat with the Board about the program last month and have reproduced my takeaways about the Program below.
What is it: Under the Program, patent applicants can have their appeals advanced out of turn and the decision on appeal will issue within 6 months, which is significantly shorter than the normal appeal route of about 14 months according to the Board.
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: Any pending appeal (not limited to the new ones) with an issued docketing notice.
- 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. The following URL provides live update on the number of petitions that have been filed. https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/fast-track-appeals-pilot-program
Submission Method:
Both electronic and mail submission are authorized; however, according to the Board the electronic submission is highly recommended. PTO Form SB/451: The Board highly recommend using this form as it has the required certification. It can be accessed here https://www.uspto.gov/sites/default/files/documents/sb0451.pdf