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

Sameer Vadera and Kate S. Gaudry

©2018. Published in Landslide, Vol. 11, No. 1, September/October 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

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.

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