I have some bad news for the wine lovers among us: It's apparently quite difficult to get a patent in CPC Class C12G - Wine; Other Alcoholic Beverages; Preparation Thereof. Let's hope this doesn't stifle important innovation. The news is equally bad for food lovers. If you fall into those categories, you're in for a treat...or not, apparently. 

The USPTO’s Track One program is for applicants who want a patent as quickly as possible. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a final disposition within 12 months for applicants who participate in the program and who pay the $4,000 fee for the privilege. To be eligible for participation in the program, an application can have no more than four independent claims and 30 dependent claims and no multiple dependent claims. In previous studies, we have found that the Track One program does indeed significantly shorten an application’s prosecution timeline, as well as deliver several other benefits, such as higher allowance rates and fewer office actions. 

Without much explanation, USPTO Director Michelle Lee resigned on Tuesday after months of speculation regarding the stability of her position. This comes after Lee previously suggested her time was up in January. There is much speculation that Director Lee is being considered for other roles. Politico writes: "No reason was given for her resignation. While rumors had circulated that Lee was being considered for some other Trump administration post, perhaps as director of the White House Office of Science and Technology Policy, the Commerce Department didn't announce a next step for her."

Most applicants request a pre-appeal brief conference (hereinafter referred to as “PBC”) as a strategy to receive a decision about an appeal without going through the hassle of preparing an appeal brief and arguing it all the way to the PTAB. A PBC can end in one of three ways: the panel can allow the application, reopen prosecution, or issue a decision to continue. If the panel chooses the latter option, the applicant may then prepare an appeal brief and continue the appeal process. If the panel issues a notice of allowance or reopens prosecution, then the appeal process stops. 

Back in January, we released our official ranking of the Top 100 Patent Firms. The Juristat Top 100 is the only ranking of U.S. patent prosecution firms based on objective measurements of firm performance. While the official list excluded foreign priority applications, we received a number of requests asking to see how the rankings would change if those applications were included. Today, we're excited to publish that list. 

The Patent Trial and Appeal Board (PTAB) is the authority within the USPTO that hears appeals of patent application rejections. Once the applicant decides that he or she wants to appeal an examiner's decision, his or her attorney must file a notice of appeal and prepare an appeal brief. The examiner then has the opportunity to reopen prosecution or to answer the appeal brief with his or her own arguments. If the examiner chooses the latter, the applicant may then respond with a reply brief. If no satisfactory outcome results from this process, the applicant can request an oral hearing before the PTAB to try and get the claims allowed. 

Continuing our alcohol, tobacco, and firearms series, we now turn our attention to perhaps the most stigmatized industry of all three: the tobacco industry.

Juristat Drafting Updates

We've made some major enhancements to our Juristat Drafting tool. Here's what has changed: