PATENT APPEALS INCREASE: August 1, 2009
Posted by uspatpend in Uncategorized.Tags: Appeal, KSR, Patent
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With the latest decision by the Supreme Court in KSR International Co. v. Teleflex, a decision that has made it easier for the USPTO to reject patent claims on the basis of obviousness, the USPTO allowance rate for patents has decreased from 71% at the start of the decade, to 41% by mid 2009.
In turn, the Board of Patent and Appeals and Interferences (BPAI) has seen a drastic increase in the number of patent appeals: from 6385 in 2008 to 12, 321. This is further highlighted by the increase seen in 2008 from a normal appeal rate of approximately 3000/year during the years 2000-2006. The approval rate of these appeals has also seen a decrease from 38% in 2006 to 23% in 2009.
The end result of this is that even with the reduced allowance rate of the BPAI, the Examiners rejections are overturned 23% of the time.
As such, if your business future depends on these patents for protection, you may want to consider investing in pursuing an appeal rather than filing a Request for Reexamination or a Continuing application.
For more information, please visit our website at www.PaparellaLaw.com
