patent appeals appeal

Patent Appeals and Interferences

The United States Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences has two main responsibilities:

  • review of ex parte appeals from adverse decisions of examiners; and
  • resolutions of interferences to "determine priority" (that is, decide who is the first inventor) whenever an applicant claims the same patentable invention which is already claimed by another applicant or patentee.

This specialized aspect of patent practice involves a complex level of decision-making. McHale | Slavin has experience appearing before panels of the Board and understands the facets of interference law. Our firm´s expertise with USPTO procedure and other aspects of patent litigation has prepared us to handle Board of Patent Appeals and Interferences proceedings on behalf of our clients. A number of our attorneys and agents are former USPTO staff with knowledge of the rules of practice and an understanding of the intricacies of interference practice. Contact us for additional information or to schedule a consultation.