Category Archives: PTAB

USPTO Publishes Interim Process for Director’s Review of PTAB Decisions

Information from the USPTO: [The USPTO’s] webpage houses useful information regarding the implementation of an interim Director review process in Patent Trial and Appeal Board (PTAB) proceedings following Arthrex. Background On June 21, 2021, the U.S. Supreme Court issued a … Continue reading

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Want an Expedited Decision on your Appeal? Use the USPTO’s Fast Track Appeals Pilot Program

Guest post from the USPTO: What is the Fast-Track Appeals Pilot Program? Under the Fast-Track Appeals Pilot Program, appellants can have their ex parte appeals advanced out of turn. Appellants simply file a petition to request fast-track review of their … Continue reading

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USPTO Announces Fast-Track Ex Parte Appeals Pilot Program

July 1, 2020 USPTO Press Release: “WASHINGTON — 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 … Continue reading

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Federal Circuit Rules that PTAB Judges are Unconstitutionally Appointed

In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive into the appointments clause of the constitution and held … Continue reading

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