Fast-track appeals for patents

Sep 072020

Applying for a patent is really a long process which involves considerable time, effort and money. There are a lot of infringements happening in India and across the world on a daily basis where patent owners file for infringements and demand attorney fee while the accused infringers put forward their defence. When you appeal for an infringement, the Patent Attorney in India goes through the application carefully and decides whether the appeal has to be accepted and sent forward or has to be rejected. It is the sole decision of the patent attorney to accept or reject a patent based on the applications. Sometimes, the patent owners are even interviewed to understand the process in a better way and sometimes, the owners are asked to submit a detailed design of their invention or idea.

If the patent is accepted, it is sent forward for further process but if it is rejected, it becomes very difficult to appeal for a rejected patent as it takes years to acknowledge the appeal. For this reason there are fast-track appeals which can be filed for rejected patent appeals and are heard considerably faster as compared to normal appeals.

Patent Appeals that are eligible for fast-track pilot programs

Remember, not all patent appeals are eligible for fast-track hearings as these fast-tracks are made for special patent appeals to cut down time and effort for both the court and the applicants. To be eligible for fast track patent appeals, following conditions must be met

  1. The patent application must be a original utility, design or plant non-  provisional application .
  2. The patent application must be for an ex parte appeal for which a notice of  appeal has been filed and a docketing notice has been issued by the Patent Trial and Appeal Board.
  3. The petition of the applicant must fall under 37 C.F.R and the petition must be e-filed.
  4. The petition fee of 400$ must be paid which is applicable in the USA only.  Fees differ for different countries based on their currencies.

Which patent appeals are not eligible for fast-track appeals

Patent applications with a need guarantee to a prior recorded application, regardless of whether US or unfamiliar, would not be unique. 

The status of the intrigue is key in deciding if a case is qualified for quick track progression of out turn. Specifically, the PTAB docketing notice will be given uniquely for cases in which an Examiner’s Answer has been recorded and the candidate has paid the USPTO sending charge to advance the case to the Board. 

After the candidate has presented an intrigue brief, it isn’t remarkable for the Patent Attorney in India to close the intrigue procedure by resuming arraignment. What follows might be another Office Action or, ideally, a recompense. On the off chance that indictment has been returned, the intrigue is in fact finished so the candidate would not have the option to appeal for quick track status.

Duration of fast-track appeals

The tentative time for the appeal decision these days is around 14 to 15 months after the docketing notice has been issued by the PTAB. fast track appeals reaches the appeal decisions usually by 6 months as per the set target.

Limitations of fast track appeals

There is a 125 greatest cutoff for each quarter, and a 500 yearly breaking point to the measure of quick track claims that is destined to be conceded. You can check the quantity of conceded petitions here. The experimental run program is likewise set to lapse in one year, in spite of the fact that the USPTO should seriously think about broadening the program on either an impermanent or perpetual premise.

Fast-track appeal system in India and across the world has not only benefited millions of patent applicants but has also helped the court of law in making decisions quickly. When the court reaches a decision faster, it can take more cases which helps the applicants who have been waiting for pending decisions for a long time. Although the applicant has to pay a considerable fee to be eligible for a fast-track patent appeal, sometimes money does not matter when you know that if decisions are not made quickly, it might hamper your business in a big way.

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Ketana Babaria Ms. Ketana Babaria, an advocate and registered patent Agent M. Sc. LL.B PGO-IBM, is of 20 years experience in the field of IPR, worked for generics and giants now leads a team, handling all aspects of patent and legal matters related to the pharmaceutical & non-pharmaceutical.