Pre-Appeal Brief Review – By Dennis Parad

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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