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July 8, 2020

Andrew Dommer Quoted in Law360 Article: “Surge of Interest Expected for PTAB Fast-Track Program”


Andrew Dommer Quoted in Law360 Article: “Surge of Interest Expected for PTAB Fast-Track Program”

July 8, 2020

Fish Of Counsel Andrew Dommer spoke with Law360 about the Patent Trial and Appeals Board’s new pilot program, “Fast Track Appeals,” which would expedite decisions in 125 cases per quarter for applicants who pay a $400 fee.

And the new program may have the potential to be even more appealing for applicants than Track One since the fee is so much lower, said Andrew Dommer of Fish & Richardson PC. However, he noted “there’s only about 500 slots a year for this program, versus the 12,000 that are available for Track One, so I can see these slots getting consumed very quickly.”

Even if the initial 125 slots for the first quarter are filled up, additional petitions will be held in abeyance until next quarter, when they’ll be at the front of the line, Dommer noted. The chance of getting a patent in nine months in those circumstances may still be worth it for some applicants.

Applicants should also be aware that the program only offers a decision within six months from when a case is transferred to the PTAB, he noted. It doesn’t accelerate the back-and-forth filings by the applicant and the examiner after the applicant appeals a rejection, which can take a few months.

As a result, applicants won’t know whether they can get one of the 125 available slots when they file an appeal, Dommer said. But apart from those caveats, there appears to be few downsides to the new program, he added.

“There’s a lot of pent-up demand right now from appeals that are already in the pipeline that are likely to consume the first quarter or two of slots,” he said.

Read the full article on Law360: “Surge of Interest Expected for PTAB Fast-Track Program.”

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