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Pre-Appeal Brief Review – By Dennis Parad

Writer's picture: LawExchange InternationalLawExchange International

After two or more USPTO office actions on the merits, the patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial & Appeal Board (“PTAB”). Since 2005, the USPTO has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal, may also request a pre-appeal brief review.


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