For inventors and companies seeking patent protection, the patent application process can be long and arduous. Patent applications are often rejected by a patent examiner. When an agreement with the examiner cannot be reached, applicants have the option to appeal the rejection to the Patent Trial and Appeal Board (PTAB). The PTAB is an administrative law body within the US Patent and Trademark Office (USPTO) that reviews adverse decisions of examiners.
Filing an Appeal with the PTAB
To initiate an appeal, the applicant files a Notice of Appeal. This must be done within the time limit set by the examiner, typically 3 months from the final rejection. The applicant then must file an appeal brief outlining why the examiner’s rejection was improper. The examiner will then submit an examiner’s answer responding to the applicant’s appeal brief. The applicant has the option Of filing a reply brief to counter the examiner’s answer.
Key Takeaways
The PTAB provides applicants an avenue to challenge rejections by patent examiners. While examiners are affirmed in a plurality of cases, the reversal rate suggests applicants have a real shot at success through the appeal process. With patent application filings and subsequent rejections on the rise, PTAB appeals are becoming more common. But the long wait times for PTAB decisions remains a challenge for inventors seeking timely patent protection.