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6 July 2021PatentsAlex Baldwin

USPTO extends patent appeal fast-track option

The US Patent Trial and Appeal Board (PTAB) has extended the expiration date of its Fast-Track Appeals Pilot Program to July 2022.

The scheme speeds up appeal applications—expediting final decisions for ex parte appeals within six months of their application. Prior to this, the average waiting time for decisions was 15 months.

Initially, the programme was meant to conclude on July 2, or when the pilot had fast-tracked 500 appeals. But the extension sees it extended for a year and the upper limit of 500 petitions eliminated.

However, the US Patent and Trademark Office (USTPO) will still maintain a limit of granting 125 petitions per quarter.

“We are submitting a notice of extension to the Federal Register, and we anticipate it will publish shortly,” said the USPTO. “The extended pilot programme continues the programme for another year.”

The petition fee for the option remains unchanged at $400.

COVID-19 fast-track

The fast-track option first launched on July 2, 2020, was brought in as a temporary measure to speed up proceedings during the onset of the COVID-19 pandemic, following on from the PTAB’s prioritised examination programme.

In April this year, the US Copyright Office proposed a fast-tracked registration option for brand owners involved in disputes before the office’s small claims board.

The rulemaking proposal allows applicants to expedite their unregistered works through the newly-established copyright claims board (CCB) in just 10 days for an additional $50.

General expedited copyright registration outside of the CCB costs $800.

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