Readers will recall that in June 2015, the Patent Trial and Appeal Board announced its two-for-one sale. Any filer that had two ex parte appeals pending as of June 19, 2015 could get one of the appeals decided right away by dropping the other appeal. When the PTAB announced this program, I blogged about it. I noted that this program was likely to be of interest only to sophisticated, high-volume corporate filers, since only such filers would (a) have two appeals pending and (b) be in a position to make a decision to drop an appeal in a case that previously seemed important enough to appeal. I noted that few if any small or micro entities would be able to use this program because they would not have two appeals pending (one of which would have to be dropped to qualify for the two-for-one program). I predicted that very few filers (large or small) would actually choose to use this two-for-one program, and my prediction turned out to be correct.
Now the PTAB has announced a second program for getting ex parte appeals decided fast. This second program, fetchingly named S-EPAP for Small Entities, is described in a Federal Register notice dated September 15, 2015 and on an FAQ page. This program permits a small entity or micro entity to get an ex parte appeal decided fast under certain conditions.
It is interesting to note USPTO’s explanation for setting up this second fast-appeals program:
Members of the public noted that small entities having only one appeal pending before the PTAB would not be able to take advantage of the EPAP program to secure expedited review of an ex parte appeal.
It seems I was one of those “members of the public”.
So how does this second, new fast-appeals program work? Continue reading “Fast appeals for Small Entities”