is a patent attorney who focuses his practice on patent prosecution in a range of technical areas. Prior to joining the Kilpatrick Townsend, Mr. Vadera worked as an Intellectual Property Attorney at a Washington, D.C. patent law firm where he represented industry-leading clients in the prosecution of patent applications relating to a wide range of technologies, including image processing, robotics, and wireless technology. Previously, Mr. Vadera served as a judicial law clerk to the Honorable Lori Joy Eisner at the General Master’s Office of the Circuit Court for Baltimore City.
This data set shows that Oral Hearings are rarely conducted. (See Figure 1.) Across the 72,443 appeals, only 459 (0.63%) appeals had an Oral Hearing… As shown in Figure 4, Oral Hearings were associated with more full-rejection reversals (blue bars). Specifically, the full reversals accounted for 40.3% of the appeals with Oral Hearings, as compared to 32.5% of the appeals without Oral Hearings.
We set out to study the life cycle of appeals by conducting a stage-by-stage analysis to identify what fraction of applications were exiting the appeal cycle and how. Specifically, we obtained data (using LexisNexis® PatentAdvisorSM) corresponding to each appeal brief filed between January 1, 2010, and December 31, 2011. The data identified the stage at which the appeal exited the appeal process and the next significant event after exiting the appeal process. This assessment thus provides information pertinent to assessing what delays, costs and decision outcomes are truly associated with appeals… Examiners frequently terminate an appeal cycle expediently with an office action (often leading to an allowance) or an allowance, in which case the delay and a portion of the expense is avoided.