USPTO Continues Pre-Appeal Brief Conference Program

On Januay 11, 2006, the USPTO announced that it is extending the pilot pre-appeal brief conference program until further notice because "the initial results of this program appear to be promising."

In July of 2005, the United States Patent and Trademark Office (USPTO) established a pilot pre-appeal brief conference program that offers a patent applicant an avenue to request a review of the legal and factual basis of the rejections in his or her patent application prior to the filing of an appeal brief. See New Pre-Appeal Brief Conference Pilot Program, 1296 Off. Gaz. Pat. Office 67 (July 12, 2005). The USPTO indicated that the pilot pre-appeal brief conference program would run for at least six months, and that the USPTO would extend, terminate, revise or otherwise take appropriate action after evaluating the effectiveness of the pilot pre-appeal brief conference program. See New Pre-Appeal Brief Conference Pilot Program, 1296 Off. Gaz. Pat. Office at 69.