Patent Law

Unappealing

By Gary Odom and Jordan Kuhn

The USPTO is doing its bit to boost patent prosecutor income while dashing applicant hopes. Thanks to unprecedented rejection rates, appeal filings have spiked 70% this year: 10,870 appeals this fiscal year to 6,385 last year. The PTO cites "controlling case law" as the reason. Appeals are the most expensive bit of prosecution, running to thousands of dollars, with complex appeals costing tens of thousands. The fruits of appeal have soured - in fiscal 2008, 44% of appeals resulted in issuance, down from 66% five years ago, and 71% in 2000.

Law.com

Full post as published by The Patent Prospector on July 08, 2009 (boomark / email).