Should patent owners automatically appeal an examiner’s rejection?


In advice to general counsel, a former patent examiner strongly suggests that appealing an adverse patent decision may not be worth it.  Citing a 30-month backlog and the Board of Appeals and Interferences’ 29% reversal rate, Kenneth Horton believes the optimum situation for an appeal is a situation where an examiner’s rejection is clearly and obviously not supported by facts.  Otherwise, all strategic options should be evaluated.

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