27
/ September
2011
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.