New timeline for sending Anticipat Recap emails: 14 days

Anticipat Recap is slightly changing its delivery timeframe. In an effort to balance delivering the freshest but most complete set of decisions, in the past Anticipat has delivered a recap of decisions after 8 days of a particular date’s decisions. However,certain times in the year the USPTO has delays in posting the decisions, which sneak in after the eight day window. The eight-day approach thus insufficiently captures all the decisions so we are changing the timeframe to 14 days.

Anticipat currently gets the bulk of its appeals decisions from a USPTO-powered efoia webpage. This webpage on an almost daily basis posts ex parte PTAB decisions after some document processing (including OCR’ing the PDFs and assigning limited metadata to the decisions). For the most part, it takes the USPTO several days to post these decisions after such processing.

Recently, we have concluded that sometimes, this 8-day window of time doesn’t cut it. Some of the slowest times of the year for the USPTO to post these decisions to the efoia page are at the end of fiscal quarters. The end of December is always especially slow. The last days of this past month, March, was also much slower than usual: only a fraction of decisions were available at the 8 day mark compared with the total number of decisions subsequently posted after the eighth day.

For those users who would prefer a shorter timeframe for delivering these Recap emails, feel free to take advantage of the Research page. The Research page is updated every day at 3PM EST and allows users to check for specific issues or the most recent decisions at any time. In fact, the Research page will have the exact same decisions that the USPTO’s webpage has within 24 hours. And this even includes our unique ground of rejection and outcome annotation.

As fresh as the Research page is, it doesn’t neatly organize the various issues and outcomes like the Recap email does. See below.


Even though we’ve opted to prioritize (for the time being) slightly less freshness for completeness in these daily emails, we are working on a way that we can have both. We are currently developing our infrastructure to ingest these decisions that is not dependent on the e-foia webpage and that is much speedier. And we are also developing settings for users who want weekly recap emails instead of the daily emails.

Stay tuned for future developments. And if you have any feedback, please reach out to us.

Anticipat Education Part 1: How to make the most of daily Anticipat recap emails

This is the first of a series of emails that showcases features of Anticipat so that you can get the most out of the products. Today, we review the daily recap emails.

At Anticipat, we stay current on all newly decided ex parte PTAB appeals so you don’t have to. By default, we deliver subscribers a recap email of these decisions, after a few days for processing. In addition to seeing every ground of rejection at issue and every outcome decided for each case, you’ll also see the tags or the specific rationale the Board relied on in its outcome. See below image.

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As you can see, the recap email provides a comprehensive summary of all the grounds of rejection and outcomes for the day’s decisions.

If receiving an email recap for each day’s ex parte appeals is information overload, you can customize your emails according to your personal preferences. Simply click on the profile link, and select the specific filters that are interesting to you and your practice.

For example, say you are interested in decisions where the Board reversed a rejection Section 101 – patent-ineligible subject matter. By clicking “101 – Patent-Ineligible Subject Matter” under “Issues” and “Reversed” under “Outcomes”, you can be alerted via email only when decisions for that day include a reversed Section 101 rejetion.  

Other possible filters are for specific art units and examiners. This can come in handy as you are preparing a response for a specific Examiner to get alerted to a case where the Board decided the very same rejection you are faced with.

If you do not want any notifications by email, simply select the radio button “No notifications”.

We hope this has been helpful. If you would like for us to demo the product to a group, we are more than happy to do so. Click here to get started with a 14-day free trial.

Please reach out to us with any questions or comments. We’re standing by for any questions or comments.

Anticipat Team