PTAB Releases Stats on Pilot Programs Aimed at Limiting Appeal Inventory

Author: Stephanie M. Sanders
Editor: Amanda K. Murphy, Ph.D.

During its PTAB Boardside Chat on February 2, 2016, Lead Judge Jeffrey Robertson provided statistics on the two pilot programs intended to reduce the overall number of appeals pending before the Board: the Expedited Patent Appeal Pilot (EPAP) program and the Streamlined Expedited Patent Appeal Pilot (S-EPAP) program for Small Entities, both of which have been discussed in previous blog posts.

The following chart provides the statistics cited during the Chat, which are current through January 6, 2016.

Expedited Patent Appeal Pilot (EPAP) Program


Streamlined Expedited Patent Appeal Pilot (S-EPAP) Program for Small Entities
Number of petitions filed 22 15
Number of petitions granted 20 10
Number of petitions denied 2 5
Time to decide petition 2 days 11 days

Both the EPAP and S-EPAP for Small Entity programs will be available for about a year (from June 19, 2015 to June 20, 2016 for EPAP, and from September 18, 2015 to September 16, 2016 for S-EPAP for Small Entities) or until two thousand (2,000) appeals have been accorded special status under each program, whichever occurs earlier. Based on these initial numbers, it appears that the pilot programs will expire well before that two thousand mark is met.


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