The USPTO has announced a Fast-Track Appeals Pilot Program for ex parte appeals. Under the program, an appellant can the appeal reviewed by the PTAB within six months from the date the petition is granted and the ex parte appeal is entered into the pilot program. All that is needed is a petition to request fast-track review the $400 petition fee.

Importantly, the applicant retains the ability to have a hearing (by phone). There are 125 slots allotted per quarter, and the program is open for pending appeals before the PTAB starting July 2, 2020. To qualify, the following four conditions must be met:

• Application type: The application must be an original utility, design, or plant nonprovisional application.

• Status of appeal: The appeal for fast-track status must be an ex parte appeal for which a notice of appeal has been filed and a PTAB docketing notice has been issued by the USPTO (i.e., the appeal is pending before the PTAB).

• Petition: The appellant must file a petition under 37 CFR 41.3 via the USPTO’s electronic filing system identifying the application and appeal by application number and appeal number, respectively, for which fast-track review is sought.

• Form: Petition—Fast-Track Appeals Pilot Program (Form PTO/SB/451)

• Fee: The appellant must pay a $400 fee under 37 CFR 41.20(a) with the petition.

Applicants needing to move their case forward faster should consider the program as there is little downside beyond the petition fee. We expect the quarterly allotment to fill quickly!