Patent Prosecution Made Better

Overturn your Examiner's specific rejections with carefully curated ex parte appeals data

Some of our users come from law firms, universities, corporations and government

OUR PRODUCTS

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.

ABOUT US

The Anticipat team includes law professors, patent practitioners at law firms, and corporate in house counsel.

ANTICIPAT BLOG

If Congress does not act on Section 101, has the PTAB hinted at a path forward?
(07/01/2019)

A recent blog post by IPWatchdog recapped specific consensus views at the Patent Masters Symposium™ where Congress can help fix the messy state of patent-eligibility at the USPTO. Getting Congress involved seems like the best way to stabilize and make patent-eligibility more predictable. But if patent reform loses steam on Capitol Hill, it working with the current law is critical. Recent developments at the PTAB show most effective arguments (Step ... Read the rest...

If you’re going to appeal your application to the Board twice, res judicata should make you think twice
(06/27/2019)

Sometimes it makes sense to appeal an application more than one time. Perhaps the Examiner isn’t complying with the direction from the first Board decision. Maybe an invention is so valuable that you’d rather avoid overlimiting the claims with lots of prosecution history estoppel and claim amendments and instead try getting broader claim scope through the appeal process the second time. Or maybe the application is in such a desperate state that another appeal is ... Read the rest...

April shows fewer (but still high) abstract idea (Alice-based) reversals
(06/26/2019)

April showed a continued high number (204) of abstract idea decisions decided at the Board. Of the 204 total decisions deciding abstract idea rejections for this month, the Board completely reversed the rejection 54 times. This shows a reversal rate of 26.5%, which is lower than the last several months, but higher than many previous months. reversal626 In addition to the reversal rate, the volume of this ... Read the rest...

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