Sharp Rise in Ex Parte Appeals at the USPTO Seen as Beginning Right around Fiscal Year 2004

Above is a graph of the number ex parte appeals received from fiscal years 1997 through the first 9 months of fiscal year 2009. This graph was generated from data culled from the USPTO's website. The graph shows a sharp increase in ex parte appeals beginning well before FY 2009, in or around fiscal year 2004, when it is believed that a sharp suppression of allowances inappropriately began, with new so-called quality initiatives. Attorneys have been quoted in the media as attributing the rise in appeals to extreme and misguided rejections from the USPTO. Click here to read National Law Journal Article about the spike in appeals at the USPTO and click here to read one of my blog entries, which references this topic of the relationship between a spike in appeals and a mismanaged anti-patent culture at the USPTO, whose genesis is based in the Dudas Era.




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