The State of Appeals at the USPTO, and How to Win Them with Big Data
In an article published by IPWatchdog, James Cosgrove, a legal analyst at Juristat, offers some guidance on general trends regarding appeals at the United States Patent and Trademark Office and shows practitioners how to use big data to win their appeals.
“In the patent world, the phrase ‘final rejection’ has something of a unique meaning,” Cosgrove writes. “While the uninitiated likely would assume that a final rejection would indicate the end of the patent prosecution process, it is actually just the beginning of the final stage of prosecution, when applicants must decide how hard they really want to fight for their patent.”
He says the applicant has three ways forward at that point, and discusses the third: appealing the examiner’s rejection.
