USPTO Publishes Streamlined Procedure for Appeal Brief Review in Ex Parte Reexaminations: Examiners No Longer to Review for Compliance and BPAI Chief Judge to Have Sole Responsibility

May 25th, 2010

Effective today, May 25, 2010, the United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs in ex parte reexamination proceeding appeals to increase the efficiency of the appeal process and reduce pendency of appeals.

According to the Federal Register, the Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively “Chief Judge”), will have the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceeding appeals comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration.  The examiner will no longer review appeal briefs for compliance with the applicable regulations.  The USPTO expects to achieve a reduction in ex parte reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI.

Read the full notice at