USPTO Announces Fast-Track Appeals Pilot Program
As of July 2, 2020, the United States Patent and Trademark Office (USPTO) initiated the Fast-Track Appeals Pilot Program to advance applications out of turn in ex parte appeals before the Patent Trial and Appeal Board (PTAB). Â Below is a link to the official documentation:
Federal Register-Fast Track Appeals Pilot Program
The USPTO sets a target of issuing a decision on ex parte appeals within six months from the date that an appeal is entered into the Fast-Track Appeals Pilot Program. Â
How Long The Fast-Track Appeals Pilot Program Will Last
The Fast-Track Appeals Pilot Program began on July 2, 2020 and will be offered until July 2, 2021. Â The Fast-Track Appeals Pilot Program may end earlier in case a total of 500 petitions to request the Fast-Track Appeals Pilot Program are filed before July 2, 2021. Â The USPTO will evaluate usage of the Fast-Track Appeals Pilot Program and decide to extend or discontinue.
How Soon The Fast-Track Appeals Pilot Program Can Expedite Decisions
Currently, the average ex parte appeal pendency is about 15 months. (Source: USPTO).
The Fast-Track Appeals Pilot Program expedite ex parte appeals by providing fast-track status, with a goal of issuing ex parte appeal decisions within six months from the date that an appeal for a particular application is entered into the Fast-Track Appeals Pilot Program. Â
How Much The Fast-Track Appeals Pilot Program Cost
The Fast-Track Appeals Pilot Program requires a petition for advancing an appeal out of turn at a petition fee of $400. Â This fee is not refundable. Â The petition must identify application and appeal numbers. Â
What Are The Requirements Of The Fast-Track Appeals Pilot Program
The Fast-Track Appeals Pilot Program is available for an original utility, design, or plant nonprovisional application. Â In other words, reissue, reexamination, appeals made special due to the age or health of an applicant, or any other appeal made special, are excluded from the Fast-Track Appeals Pilot Program. Â
How The Fast-Track Appeals Pilot Program Works
·    Inclusion into the Fast-Track Appeals Pilot Program should be requested via a petition. Â
·    Once a petition is filed, a decision on the petition will be made no later than one month from the filing date of the petition.
·    The number of granted petitions may be limited to 125 granted petitions per quarter. Â
·    Fast-track status may be removed due to any request by an appellant causing a delay in the conductor of the appeal, or an appellant’s withdrawal from the Fast-Track Appeals Pilot Program or the PTAB’s decision.
Once a final rejection is mailed, it is not uncommon that one or more requests for continued examination (RCE) are filed to reopen the prosecution. Â During the fiscal year of 2019, a total of 21,129 RCEs were filed. Â (Source: USPTO). Â The Fast-Track Appeals Pilot Program will likely contribute to shortening the pendency and reducing backlog of ex parte appeals significantly. Â Ex parte appeals should be considered in a new light as an option to respond to a final rejection, in case where there is a concern as to the long pendency of ex parte appeals, one or more RCEs were already filed, a new review by the Board may be desirable to advance the prosecution, etc. Â Furthermore, for an applicant who wish to expedite a PTAB decision for a pending appeal, the Fast-Track Appeals Pilot Program may be appealing in light of a petition fee of $400 and a six month to the decision. Â