Allen Sokal, William Smith Article Proposes Changes to PTAB Ex Parte Appeals Process

Articles / May 9, 2018

Counsel Allen Sokal and Of Counsel William Smith authored an article published May 9, 2018, by Law360. The article, “A Way to Improve PTAB Ex Parte Appeals,” suggests that in order to improve the predictability of decisions made by the Patent Trial and Appeal Board, the board should limit its review of the merits to the facts and reasons in the as-stated rejections in the “statement of rejection” section of the examiner’s answer. The board can then appropriately consider any expanded facts and reasoning that the examiner offers in responding to the appellant’s arguments by exercising its discretion to enter a new ground of rejection.

Read the article (registration required).