Category Archives: PTAB

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

Posted in PTAB, USPTO Practice and Policy | Tagged , , | Leave a comment

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

Posted in PTAB, USPTO Practice and Policy | Tagged , | Leave a comment

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

Posted in Federal Circuit, PTAB | Tagged , | Leave a comment

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading

Posted in PTAB | Tagged , , , , , , , , | Leave a comment