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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.
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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. LEARN MORE
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One of the sexiest topics in all of patent law has become §101, specifically, patent-eligible subject matter. Part of the recent appeal stems from high volatility and uncertainty in the law. But not all categories of patent-eligibility grounds are in such flux. Some §101 nonstatutory grounds of rejection (e.g., reciting a propagated signal) are relatively predictable and stable while the so-called judicial exceptions are more unpredictable. So we drilled deeper into the types of §101 ... (Read the rest...)
Opening up a can of worms is good practice on the lake--not in front of a PTAB judge panel. But when appealing a twice-rejected patent application, a can of worms can very well be opened when the Board newly introduces rejections. These new rejections are not extremely frequent, but understanding the risk of these new rejections is an important part of deciding to take a case on appeal. In deciding rejections on appeal, the Board ... (Read the rest...)
Examiners typically have a favorite arsenal of grounds of rejection to apply to an application. In other words, not all grounds of rejection are applied evenly. Therefore it is a small wonder that the types of rejections appealed to the Board are non-uniform. Knowing which types of rejections are currently getting appealed (and seeing the results of those appeals) arms the patent prosecutor with an additional weapon against the Examiner. Here is a breakdown of ... (Read the rest...)