This blog has focused much on the advantages of pursuing an ex parte appeal during patent prosecution. We have pointed out that pursuing an appeal carries a number of unique advantages above alternative procedures in patent prosecution. In a free webinar hosted by Fitch Even on March 21, 2018 (with some CLE provided), panelists will discuss many of these advantages. The webinar’s title is “Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense.” Register by clicking here, as explained in the summary below.
FITCH EVEN WEBINAR: MARCH 21, 2018
Please join Fitch, Even, Tabin & Flannery LLP for a free webinar, “Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense,” on Wednesday, March 21, 2018, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12 noon EDT.
During the process of acquiring patent rights through the patent application process, applicants sometimes wish to seek review of rejections by an examiner. The formal mechanism for achieving this review is an ex parte appeal to the Patent Trial and Appeals Board (PTAB). Some patent practitioners avoid the ex parte review process, viewing it as lengthy and expensive. But, data and experiences recently compiled by an AIPLA subcommittee suggest that this conventional thinking may be incorrect. It turns out that pursuing an appeal can be a more attractive option than other patent prosecution procedures.
During this webinar, we will explore how the AIPLA findings may provide guidance on
- When to file ex parte PTAB appeals
- How often to file these appeals
- Which issues to choose to appeal
Additional topics will include
- USPTO incentives
- Working with the examiner
- Patent term adjustment
- Pre-appeal brief reviews
- Other relevant statistics
Thomas F. Lebens, a partner at Fitch Even, assists clients in preparing and prosecuting patent and trademark applications, including appeals, post-grant review, and interferences. He also counsels clients in IP and business strategy; licensing issues; infringement and validity analysis and opinions; and copyright matters.
Trent Ostler is in-house counsel for Illumina, Inc., where he helps protect the company’s software and informatics products and inventions through patent, copyright, and open source licensing. Trent is the founder of Anticipat.com, a PTAB appeals database.
CLE credit has been approved for California and Illinois and is pending in Nebraska. Other states may also award CLE credit upon attendee request. There is no fee to attend, but please note registration is required. To reserve your place, please REGISTER HERE.