Fast-track appeals pilot program (regular)

1. What is the Fast-Track Appeals Pilot Program? The Fast-Track Appeals Pilot Program is a way for an appellant to have an ex parte appeal advanced out of turn before the PTAB. Under the Fast-Track Appeals Pilot Program, an appellant may request expedited resolution of an ex parte appeal by filing a petition to the Chief Judge under 37 CFR 41.3 and submitting a fee of $420 under 37 CFR 41.20(a). The PTAB has a target of issuing a decision in an appeal under this program within six months from the date that the appeal is granted fast-track status. 

2. My application was previously granted special status under the Prioritized Examination Program. Will that status carry over from examination to my appeal? No. If an application was granted special status under the Prioritized Examination Program, the special status will not carry over to an appeal involving that application. An appellant must file a petition for inclusion in the Fast-Track Appeals Pilot Program with the PTAB, accompanied by the $420 petition fee, to obtain expedited resolution of an ex parte appeal by the Board. 

3. What is the effective date of the Fast-Track Appeals Pilot Program? The effective date of the Fast-Track Appeals Pilot Program is July 2, 2020. The pilot program was extended and is expected to run until July 2, 2024.

1. How do I file a request for my ex parte appeal to be included in the Fast-Track Appeals Pilot Program? An appellant must file a petition under 37 CFR 41.3 through the USPTO’s electronic filing system (Patent Center) in the application involved in the ex parte appeal for which fast-track status is sought, identifying that application and appeal by application number and appeal number, respectively.  The appellant may use the form-fillable Portable Document Format (PDF) “PETITION—Fast-Track Appeals Pilot Program” (Form PTO/SB/451). The appellant must accompany the petition with a fee of $420.

2. Which ex parte appeals are eligible for the Fast-Track Appeals Pilot Program? Appeals involving original utility, design, or plant nonprovisional applications are eligible for the Fast-Track Appeals Pilot Program. The Pilot Program is not available for applications or proceedings that are already treated as special during appeal, such as reissue applications, reexamination proceedings, or appeals made special due to the age or health of an applicant. See MPEP 708.01 for a complete list of cases that are treated as special.

3.  If an appeal is entered into the Fast-Track Appeals Pilot Program, will the Board’s expedited review continue through rehearing? Yes, if an appeal is entered into the Fast-Track Appeals Pilot Program, the Board will continue to give expedited review to the appeal through rehearing.

1. Is an appellant required to use the USPTO’s form to request inclusion in the Fast-Track Appeals Pilot Program? No.  An appellant is not required to use the USPTO’s form-fillable PDF “PETITION—Fast-Track Appeals Pilot Program” (Form PTO/SB/451) to request inclusion in the Fast-Track Appeals Pilot Program. However, if an appellant does not use the USPTO’s form, then the appellant must identify the application and appeal by application number and appeal number, respectively, in any written request submitted to the PTAB. 

2. My request for inclusion in the Fast-Track Appeals Pilot Program was denied.  Can my petition fee be refunded? No.  Due to statutory limitations on fee collections, the USPTO may not refund the petition fee once collected. The USPTO is statutorily permitted to issue refunds only for fees paid by mistake or in any amount in excess of that required. 

3. Is the petition fee for the Fast-Track Appeals Pilot Program discounted for small and micro entities? No. The petition fee for the Fast-Track Appeals Pilot Program is not discounted for small and micro entities. 

4. What happens if an appellant fails to pay the fee with the petition? If an appellant fails to pay the fee with the petition for inclusion in the Fast-Track Appeals Pilot Program, the USPTO will deny the petition.   

5. What is the fee for the Fast-Track Appeals Pilot Program? The fee for inclusion in the Fast-Track Appeals Pilot Program is $420, as set forth in 37 CFR 41.20(a).  

1. Why does the Fast-Track Appeals Pilot Program have a limit on the number of ex parte appeals entered into the pilot program? The Fast-Track Appeals Pilot Program is limited to 125 granted petitions per quarter for the duration of the pilot program. The USPTO placed limits on the number of petitions to be granted to allow for robust participation in the pilot program without compromising the PTAB’s ability to deliver on its pendency goals for other appeals.  

2. How will I know if the program limits have been reached? The USPTO will communicate the current number of granted petitions via the PTAB web site www.uspto.gov/PTABFastTrack, and appellants should take this information into account when making decisions on whether to file a petition.

3. How is the quarterly limit of 125 granted petitions counted? A “quarter” under the pilot program is defined as a three-month period measured from the extension date of the pilot program. For example, if the pilot program is extended on July 2, 2022, then the first “quarter” under the extended pilot spans the three months from July 2, 2022, through October 2, 2022.

4. My appeal has been granted fast-track status under the pilot program, when can I expect a decision? If an ex parte appeal is entered into the Fast-Track Appeals Pilot Program, the PTAB has a target of reaching a decision on the appeal within six months from the date of entry into the Pilot Program. 

5. My appeal has been granted fast-track review under the pilot program. If I file a request for continued examination (RCE), will the case remain expedited for further prosecution? No. The fast-track status ends when the PTAB’s jurisdiction ends as set forth in 37 C.F.R. 41.35(b). Fast-track status ends when: (1) the Director or the PTAB enters a remand order; (2) the PTAB enters a final decision, and judicial review is sought or the time for seeking judicial review has expired; (3) an express abandonment is filed and recognized by the USPTO; (4) a RCE is filed; (5) the PTAB enters an order of dismissal; or (6) the appellant reopens prosecution, including in response to a new ground of rejection entered in a decision of the PTAB.

1. May I request an oral hearing if my ex parte appeal is accorded fast-track status? Yes. Appeals included in the Fast-Track Appeals Pilot Program are eligible for oral hearings.

2. If I cannot attend the scheduled oral hearing, can the hearing be rescheduled and my appeal remain in the pilot program? No. An appellant may not request to reschedule an oral hearing and remain in the Fast-Track Appeals Pilot Program.  An appellant who does not wish to attend the scheduled hearing at the designated place may request to attend the hearing by video or telephone, in accordance with current PTAB hearing procedures. An appellant may also waive the hearing and continue participation in the Fast-Track Appeals Pilot Program. An appellant who desires to reschedule the place, date, or time of the oral hearing may opt out of the Fast-Track Appeals Pilot Program, thereby regaining the ability to reschedule or relocate the hearing as per ordinary PTAB hearing procedures.  If an appellant opts out of the Fast-Track Appeals Pilot Program, the appellant will not be entitled to a refund of the petition fee.

3. Can a LEAP practitioner participate in an oral hearing for an appeal that is part of the Fast-Track Appeals Pilot Program? Yes, LEAP practitioners may argue at hearings for appeals that are part of the Fast-Track Appeals Pilot Program.

1. Whom can I contact if I have questions about the Fast-Track Appeals Pilot Program? For any questions about the Fast-Track Appeals Pilot Program, please contact the PTAB by telephone at 571-272-9797 or by email at fasttrackappeals@uspto.gov.