## 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…