Need an expedited decision on your appeal? Use the Fast-Track Appeals Pilot Program.
What is the Fast-Track Appeals Pilot Program?
Under the Fast-Track Appeals Pilot Program, appellants can have their ex parte appeals advanced out of turn. Appellants simply file a petition to request fast-track review of their ex parte appeal and pay a $420 petition fee. The Patent Trial and Appeal Board (PTAB or Board) has set a target of issuing a decision within six months from the date the petition is granted and the ex parte appeal is entered into the pilot program.
The Fast-Track Appeals Pilot Program became effective on July 2, 2020. This pilot program was extended and now will run until July 2, 2022.
Read the Federal Register Notice here.
Read the extension Federal Registry Notice here.
To qualify for fast-track status, the following four conditions must be met:
- Application type: The application must be an original utility, design, or plant nonprovisional application.
- Status of appeal: The appeal for fast-track status must be an ex parte appeal for which a notice of appeal has been filed and a PTAB docketing notice has been issued by the USPTO (i.e., the appeal is pending before the PTAB).
- Petition: The appellant must file a petition under 37 CFR 41.3 via the USPTO’s electronic filing system identifying the application and appeal by application number and appeal number, respectively, for which fast-track review is sought.
o Form: Petition—Fast-Track Appeals Pilot Program (Form PTO/SB/451)
- Fee: The appellant must pay a $420 fee under 37 CFR 41.20(a) with the petition.
o USPTO Fee Schedule
Time to decision
The Board has set a target of issuing a decision within six months from the date that a petition for fast-track review is granted. Since the program’s inception in July 2020 through December 30, 2020 through June 30, 2021, PTAB has decided 162 fast-track appeals with an average decision time of about 2 months from the date the petition for fast-track review was granted, and about 6 months from the date PTAB received the appeal. Thus, the overall decision time is at least 50% faster than the average appeal time for cases not under fast-track review, which currently stands at about 13 months at the end of calendar year 2020.
Granted petition limits
The USPTO has limited the number of granted petitions to 125 per quarter for the duration of the Fast-Track Appeals Pilot Program, which is expected to run until July 2, 2022.
The table shows the status of the number of granted petitions per quarter and total for the pilot duration, as well as open slots available during each time period. A “quarter” under this pilot program is defined as a three-month period, with the first three-month month period of the extended pilot measured from the extension date of the pilot program. For example, if the pilot program is extended on July 2, 2021, then the first “quarter” spans the three months from July 2, 2021 to October 2, 2021.
| ||As of date||Petitions received in quarter||Petitions granted in quarter||Available petition slots in quarter||Petitions held in abeyance|
Q6 (starting 10/1/2021)
Note: The petitions denied were due to not being under PTAB jurisdiction & and already being made special.
The PTAB may exercise discretion to grant a small number of petitions above the 125-petition limit. Should a significant number of petitions exceeding the limit be filed in a quarter, such petitions will be held in abeyance and decided, in order of receipt, in a subsequent quarter.
The original pilot program had a total program limit of 500 petitions to ensure that the Board could balance its workload and continue to make progress in reducing the overall appeal pendency and reach its goal of 12-month average pendency for all appeals. The PTAB has removed this overall program limit with the pilot extension.
Hearings for fast-track appeals
Hearings in ex parte appeals accorded fast-track status will be conducted according to ordinary PTAB hearing procedures.
An appellant who does not wish to attend the hearing at the designated place, date, and time may waive the hearing. An appellant may not reschedule a hearing and remain in the pilot program.
Currently, hearings of appeals are being conducted by telephone only, until further notice.
Frequently asked questions