IP Litigation Attorney in Washington, District of Columbia
Ex Parte Appeals
Ex Parte Appeals
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00:04
so usually you can get to a point um in
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patent prosecution where you have some
00:09
allowable claims
00:10
but
00:11
occasionally you get to the point where
00:13
the examiners rejected your claims um
00:15
and could be completely wrong or you
00:17
just have a factual dispute
00:19
and that’s where you need to start
00:20
thinking about
00:21
an ex parte appeal if the examiner is
00:24
clearly wrong that may be a case for a a
00:27
pre-appeal but if you have a factual
00:29
issue uh something where there could be
00:31
some disagreement about it uh you may be
00:33
better off just proceeding to a full
00:35
appeal so if you do proceed to appeal it
00:38
can cost more it can take several years
00:41
but it can be a strategic decision
00:44
sometimes
00:45
the examiner may say that there are
00:47
claims that are allowable
00:48
but
00:49
there you believe that given the art you
00:51
may be able to obtain broader claims
00:54
in those cases you could
00:56
accept the allowable claims get a patent
00:58
issues with those with an eye to filing
01:00
a continuation in order to attempt to
01:04
obtain broader claims most likely going
01:06
through an appeal process having a team
01:10
with experience and appeal i can help
01:12
you make the decision to proceed
01:14
we have had numerous successful appeals
01:17
multiple oral arguments both in person
01:20
and by video conference we had done
01:22
video conference appeals um before the
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pandemic hit
01:26
and while each case is different our
01:28
experience allows us
01:31
to help you decide if an appeal is a
01:33
good place to spend your patent budget
Contact Derek Meeker
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Washington, D.C. intellectual property lawyer Derek Meeker shares his insights about ex parte appeals.
