By analyzing and organizing issues and outcomes of the daily ex parte PTAB decisions, Anticipat provides specific appeal data and general appeal trends to help the user become an informed and empowered patent prosecutor.
Stay up to date, and even be an expert, on ex parte developments at the PTAB on any issue. From your inbox, you can easily identify any changes and get a high level view about the decisions, outcomes, and tags of what happened at the PTAB.
Quickly lookup and spot trends and norms of outcomes rates for specific rejections, empowering better decision-making through all stages of patent prosecution. Beta access to Anticipat's research engine provides years of annotated decisions through a combination of human review and machine learning.
Identify effective Office Action response strategies using ranked rationales for actual Appeal reversals, reversal rates for specific grounds of rejections, and legal authority judges rely on in reversing Examiner rejections.
The Anticipat team includes law professors, patent practitioners at law firms, and corporate in house counsel.
After Federal Circuit decisions Berkheimer and Aatrix held that abstract idea inquiries required a factual finding, this blog predicted that the number of abstract idea rejection reversals at the Board would dramatically increase. The logic being that many examiners did not perform the rigorous analysis seemingly required for Step 2 of the Alice/Mayo framework in light of these Federal Circuit decisions. It has now been over 4 months since Berkheimer was decided and we can ... Read the rest...
The Examiner Answer can be a very important stage of the ex parte appeal process. It is at this stage that Examiners may want to make up for weak Office Action positions and set themselves up for getting affirmed at the Board. Understanding the Examiner incentives and tactical options, however, can give the patent practitioner the upper hand. The Examiner Answer is technically optional ("The primary examiner may, within such time as may be ... Read the rest...