What is the purpose of the appeal process in patent examination?

The appeal process in patent examination serves to resolve differences of opinion between patent applicants and examiners regarding substantive decisions made by the United States Patent and Trademark Office (USPTO). As stated in MPEP 1201:

“The differences of opinion on such matters can be justly resolved only by prescribing and following judicial procedures.”

This process is particularly important when patent claims are denied due to prior art or other patentability issues, as these questions relate to the merits of the patent application.

To learn more:

• Patent Appeals
• USPTO
• Patent Trial and Appeal Board
• Ex Parte Appeals