Appeals to the PTAB (Patent Trial and Appeal Board)

The Patent Trial and Appeal Board (“PTAB”) is created by statute, and includes statutory members and Administrative Patent Judges. The PTAB is charged with rendering decisions on: written appeals from adverse examiner decisions, review of appeals of reexaminations, derivation proceedings, inter partes and post-grant reviews, and interferences.

An appeal can be initiated before the PTAB from an adverse decision of an examiner in various proceedings before the PTO. The first step of the appeal process is to file a notice of appeal, along with a filing fee.

The next step is to file an appeal brief within two months of the filing of the notice of appeal. Once the appeal brief is forwarded to the patent examiner who issued the final rejection from which appeal is taken, the patent examiner has a few options. First, the examiner can reopen prosecution to enter a new ground of rejection. Second, the examiner can withdraw the final rejection and allow the claims of the patent application. Third, the examiner can maintain the rejections and file an answer to the appeal to PTAB. In this case, the examiner has to file the answer within two months after the appeal brief is filed. Within two months of the answer, the patent applicant has to respond with a reply brief. At this point, the applicant may request for oral hearing. Thereafter, the PTAB makes a decision on the appeal. An oral hearing would be conducted if it has been requested.

An overview of the appeal process is shown in the diagram below. If you have a question about an appeal before the PTAB, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.

Patent 101

Watch Our Video

Here’s a short video describing an overview on patents. It covers a lot of the basics, including the three main types of patents:

    • Utility Patents
    • Design Patents
    • Plant Patents

Let’s Talk About Your Invention

Phone Consultation

Find it easier to talk rather than write? Have a lot of questions you want to ask? Let's talk over the phone.

Virtual Consultation

Need to share something on screen with us? Like to see who you are working with? Let's get online.

In-Person Consultation

Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.

Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.

Available 24/7

Patent FAQs

Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.

Costs, Fees & Prices

links/pages t.b.d.

Patent Applications

links/pages t.b.d.

Patent Enforcement

links/pages t.b.d.

Licensing a Patent

links/pages t.b.d.

What makes The Law Offices of Konrad Sherinian, LLC the best choice for a Naperville patent lawyer?

Our firm stands out for its experienced attorneys with technical expertise, comprehensive patent services, personalized attention, and a track record of successful results. We are committed to protecting your inventions and providing innovative solutions tailored to your needs.

What types of patents can your attorneys handle?

Our attorneys have successfully handled a wide range of patent applications, including mechanical, software, business method, electrical, electronic, and design patents. We stay updated on the latest developments in patent law to provide effective strategies for various patent types.

How can your firm help with international patent protection?

Our attorneys are admitted to practice before the United States Patent & Trademark Office and have extensive experience in procuring patent protection worldwide. We have established a strong network of counsel globally to assist you in obtaining comprehensive patent rights internationally.

Can you assist in licensing my patents?

Absolutely. Our experienced patent attorneys can help you license your patents to companies in relevant industries. We conduct thorough market research, identify potential licensees, and assist in developing persuasive pitches to maximize the value of your inventions.

How can I benefit from strategic patent portfolio management?

Strategic patent portfolio management is crucial for achieving your business goals. Whether you need to create a defensive or offensive patent portfolio, our experienced attorneys will develop a tailored strategy to protect your interests and secure your competitive advantage.

What if a dispute arises regarding my patent rights?

In the event of a dispute, our firm has a proven track record in patent litigation. Our attorneys are experienced in representing clients in district courts nationwide, providing effective representation within a reasonable budget. We explore insurance coverage options whenever possible.

How do you ensure personalized attention and tailored solutions from a right patent attorney?

At The Law Offices of Konrad Sherinian, LLC, we believe in building strong relationships with our clients. We take the time to understand your patent-related challenges and provide personalized attention and tailored solutions that address your specific needs. We collaborate closely with you to ensure your success.

[/db_pb_accordion]

Experienced Patent Attorneys

The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.