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Improved Patent Appeal Process Will Save Patent Applicants $30 Million Annually



The Department of Commerce’s U.S. Patent and Trademark Office (USPTO) announced today that patent applicants can now request an appeal conference and learn its results before incurring the costs of drafting and filing an appeal brief. This change is expected to save patent applicants at least $30 million annually.

"This simple reform saves applicants a significant amount of money and reflects the mandate of the President's Management Agenda for citizen-centered and results-oriented government," noted Jon Dudas, under secretary of Commerce for Intellectual Property and Director of the USPTO.

Previously, when an applicant wished to appeal a patent examiner’s rejection of his/her patent application to the Board of Patent Appeals and Interferences (BPAI), the applicant was required to file a notice of appeal and an appeal brief before the appeal to the BPAI. Depending on the complexity of the invention, appeal briefs cost between $5,000 and $20,000 to prepare.

Before the appeal g

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Did You Know?

You may apply for a patent for your invention.

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Declaration

Definition:
A document in which an applicant for patent declares, under penalty of fine or imprisonment, or both (18 USC 1001), that he or she is the original or sole inventor.

Madrid Protocol

Definition:
The "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" is an international treaty that allows a trademark owner to seek registration in any of the countries.

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