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July, 12th, 2021

By Ryan Newell

The USPTO has extended the expiration date for the Fast-Track Appeals Pilot Program (F-TAPP) through July 2, 2022. F-TAPP was established in July 2020 on a temporary basis, to provide for the advancement of applications in ex parte appeals before the Patent Trial and Appeal Board (PTAB).

While the USPTO traditionally takes up decisions in the order in which they are docketed, F-TAPP allows for applicants to skip to the front of the line. Applicants appealing a final decision on a patent may choose to utilize this route if they are seeking the quickest path to a patentability determination. Under F-TAPP, the USPTO aims to reach a final decision on ex parte appeals within six months of admission. In comparison, the average ex parte appeal pendency is about 15 months.

F-TAPP comes with several requirements. Applicants must pay a nonrefundable fee of $400 to petition. Furthermore, F-TAPP is limited to 125 granted petitions per quarter, and applicants may not utilize it for reissue applications, reexamination proceedings, or applications and appeals made special.

If you are considering utilizing the Fast-Track Appeals Pilot Program, contact us. WHIPgroup attorneys have significant experience in fast-track programs and ex parte appeals before the PTAB. We are ready and able to help you take advantage of this program.

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