What is a Patent Appeal?


When we file a patent application, we deal with an examiner, and there’s a back and forth. And sometimes we just get to an impasse where we believe the invention is patentable and the examiner does not. And it doesn’t matter what we do, we speak to the examiner, maybe we may speak to the examiner’s boss, and it doesn’t matter, we’re getting nowhere.

So there is an appeal process in the patent office, where we file a notice of appeal and then a brief on appeal, and this is brought before a panel of judges and they decide whether or not your invention is patent eligible.