Posts Tagged: "bpai"

75% – The Real Rate of Patent Applicant Success on Appeal

The biggest myth about patent appeals is that that the examiner usually wins. The Patent Trial and Appeal Board (“Board”) posts that it reverses examiners only one out of every three decisions —33%. That number is accurate, and reflects the percentage of reversals among Board decisions. But another number is more helpful — 75%. That is the rough percentage of reversals among all appeals—not just Board decisions. The difference arises because not all appeals result in a Board decision. In fact, the vast majority of appeals (80%) never reach the Board. The Board’s 33% number has nothing to say about this invisible sea of patent appeals.

Meet the USPTO’s New Administrative Patent Judges

You may have heard, but the USPTO is hiring. Not only is the USPTO searching for Administrative Patent Judges, but they are finding some extremely well qualified candidates to add to the ranks of those already serving. With the permission of each of the new APJs, and the cooperation of James Smith, Chief Administrative Patent Judge, it is with pleasure that share the bios the newest APJs, each pictured with Rebecca Blank, Deputy Secretary of Commerce.

Exclusive Interview: USPTO Deputy Director Teresa Rea

Deputy Director Teresa Rea has now been at the USPTO for approximately 1 year, but seems as invigorated and full of energy as she did when I first met up with her.  She seems to love the job and relish the challenges that come with this moment in Patent Office history. We chatted for approximately 55 minutes, discussing USPTO hiring, the Board of Patent Appeals and Interferences, the America Invents Act, what a typical day looks like on her calendar and much more.

Examining the Appealed Patent Allowances from Art Unit 3689

The data clearly suggests that that inquiry should be made into what is going on in Art Unit 3689. If there is nothing odd after evaluation then I will be the first to report that and say that after further evaluation the patent examiners in Art Unit 3689 are doing a fantastic job. In the meantime, however, one way that we can get a more complete glimpse of what is going on in Art Unit 3689 is to take a look at the patents granted only after a decision from the Board of Patent Appeals and Interferences. Currently, according to the data available in the PatentCore system, 13 of the 24 patents granted have been granted after a decision from the BPAI, and 3 others were granted only after the applicant filed an appeal brief. That rate seems extraordinarily high to me, as does the 76.5% reversal rate at the BPAI. A look at some of the appeals themselves is elucidating.

Chief Judge Rader Swears In New Administrative Patent Judges

After Judge Moore’s remarks, James Donald Smith, Chief Administrative Patent Judge, then took the podium to deliver his remarks and to introduce all of the new APJs; an impressive bunch that averages 3 advanced degrees in either science or law, some of who come from the largest patent law firms in the country, including Arnold & Porter, Foley & Lardner, Jones Day, Hunton & Williams and Finnegan Henderson. Others of the new Judges come from within the USPTO or the Department of Justice. Several of the new APJs were formerly on the Board and are now returning after a period of time in private practice.