55% of PTAB Decisions After a Pre-Appeal Conference Have this Outcome

For those not familiar with the pre-appeal brief conference pilot program, the USPTO describes it as follows: This program offers applicants an avenue to request…

Do Track 1 Applications Get More Favorable Treatment?

Back in 2011 many pendency metrics were at or near all time highs. It typically took 2 or 3 years just to got a first…

30% of Appeal Briefs Result in an Allowance or Reopening of Prosecution

As promised last week, here is a more detailed breakdown of what happens after an appeal brief, examiner answer, or reply brief. ~15% of appeal briefs…

Don’t Waste $2000: Remember to Pay the Appeal Forwarding Fee

I was running the numbers for a breakdown of what events occur after a reply brief (for a next week’s post — don’t forget to…

What Happens After An Appeal Brief? (More Art Unit Appeal Stats)

In my previous two posts I looked at timing of ex parte appeals and art unit affirmance/reversal rates. Here I am going to continue with…

16 Art Units are Fully Reversed on over 50% of appeals

The table below shows the appeal outcomes for BPAI/PTAB decisions since 2010 for art units with at least 20 decisions in that time period. Although…

Are Ex Parte Appeals Really Getting Faster?

For at least the past two years, the PTO has reported significant decreases in the pendency of Appeals: But how long to get the appeal…

6 Charts On Reissue Applications

I have never had to file a reissue application, and I hope I never have to. Just thinking about surrendering an already-issued patent and having…

Top 10 Fastest Allowed Patents

I recently saw an update about the ongoing saga of Gilbert Hyatt’s patents that have been pending for over 35 years. It made me wonder: who…

Are You Prosecuting Patents in Restriction Hell?

In my experience (working predominantly with electronics applications), a high percentage of restrictions feel like extortion — the examiner just wants easy counts and the…