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.
July saw a continued trend of reversing Examiners' abstract idea rejections. Last month, we reported that the PTAB overturned abstract idea rejections in June above 15%. Before this, it had been a year since such a high reversal rate. Now it appears that June was not a one-off month anomaly, but rather a continuation of a trend. Similar to June, in July the PTAB decided a lot of abstract idea rejections. Of 195 total, ... Read the rest...
As reported in today's recap email, in Ex Parte GELFAND et al (Aug. 2, 2018), the Board reversed a lack of utility rejection. This continues a longstanding trend of the Board frequently reversing such rejections. In rejecting the claims as lacking utility under Section 101, the Examiner had asserted that the claims were not supported by a specific, substantial, and credible asserted utility, or a well-established utility. For support, the Examiner relied on MPEP ... Read the rest...
As we have pointed out in a previous post, for more than a year, reversal rates for abstract idea (Alice) rejections have been extremely low. We are finally seeing an uptick of reversals likely due to Berkheimer and other Federal Circuit case law and recent guidance by the USPTO. As we've previously predicted, this reversal rate should continue (and may even go up). But until leadership at the USPTO clarifies its policies, it remains ... Read the rest...