Kilpatrick Townsend


Insights: Publications Reversal Rates of Ex Parte Appeals: High Variability Across PTAB Judges Landslide October 12, 2018 Patent examination frequently includes a formalized back-and-forth between an examiner at the U.S. Patent and Trademark Office (USPTO) and the patent application's applicant: The examiner rejects the application under one or more statutory grounds, the applicant argues against the rejection and/or amends the claims, and the examiner then reconsiders the application. Frequently, after a small number of rounds, the application is allowed. Other times, it becomes clear that the examiner and applicant are not seeing eye-to-eye on a particular issue.

Insights: Publications

Reversal Rates of Ex Parte Appeals: High Variability Across PTAB Judges

Landslide

October 12, 2018

Patent examination frequently includes a formalized back-and-forth between an examiner at the U.S. Patent and Trademark Office (USPTO) and the patent application's applicant: The examiner rejects the application under one or more statutory grounds, the applicant argues against the rejection and/or amends the claims, and the examiner then reconsiders the application. Frequently, after a small number of rounds, the application is allowed. Other times, it becomes clear that the examiner and applicant are not seeing eye-to-eye on a particular issue.