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:

With St. Patrick's Day upon us, we celebrate the heritage of the Irish, but corned beef and funny green outfits shouldn't be the only things you remember about St. Patrick's Day. In fact, some of the world’s most important inventions and discoveries have actually come from the Irish. Below, we’ve listed some of the most important inventions and discoveries to ever make it off of the Emerald Isle. 

As you may know, we regularly publish rankings of the top patent prosecution firms. Even though our rankings are based on multiple variables, we always have a few commentators who point out that certain technologies are just harder to prosecute. This, of course, is true. It’s easier to get a plant patent than a business method patent. That’s why we decided to run the numbers for the various art unit groups at the USPTO.