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BPAI Streamlines Appeal Procedures for Inter Partes Reexamination
Posted By Scott A. McKeown On 17 August 2010 @ 14:17 In Appeals, Inter Partes Reexamination | 2 Comments
In a March Federal Register Notice, the USPTO outlined a new procedure for eliminating redundant appeal processing in patent applications. The redundancy was the result of both the examiner and BPAI performing the same review as to whether or not an Appeal Brief was compliant with the rules. Often times this led to the examiner accepting a non-compliant brief only to have the Board kick it back to applicant months or even years later for a previously overlooked informality. Likewise, some complained of examiners abusing the non-compliance notice as a way to avoid answering appeal briefs. The notice of March outlined a new mechanism by which the Chief Judge would be solely responsible for determining brief compliance prior to Examiner review . At the end of this notice, the USPTO pointed out that ex parte and inter partes patent reexamination appeals were not subject to the new mechanism, but the Office was considering such treatment in the future.
Back on May 26, 2010, the same mechanism was noticed in the Federal Register for ex parte patent reexamination appeals . Yesterday a notice was provided in the Federal Register adding inter partes reexamination to the BPAI review mechanism. These improvements should help avoid some of the more aggravating delays experienced in reexamination appeals to the BPAI. Of course, with a significant, and growing appeal backlog, any impact of this change may be offset by sheer numbers.
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 Chief Judge would be solely responsible for determining brief compliance prior to Examiner review: http://edocket.access.gpo.gov/2010/pdf/2010-7034.pdf
 same mechanism was noticed in the Federal Register for ex parte patent reexamination appeals: http://edocket.access.gpo.gov/2010/pdf/2010-12534.pdf
 provided in the Federal Register adding inter partes reexamination : http://edocket.access.gpo.gov/2010/pdf/2010-20340.pdf
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