[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Notices]
[Pages 24524-24525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08798]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2020-0027]
Extension and Modification of the Fast-Track Appeals Pilot
Program
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is
extending the Fast-Track Appeals Pilot Program, initiated on July 2,
2020, and previously extended on July 12, 2021, and October 4, 2022.
The Fast-Track Appeals Pilot Program permits appellants with a docketed
ex parte appeal before the Patent Trial and Appeal Board (PTAB or
Board) to file a petition to expedite the review of the appeal. The
Fast-Track Appeals Pilot Program previously set a target of reaching a
decision on each ex parte appeal within six months from the date the
appeal entered the program. Effective in this extension, the Fast-Track
Appeals Pilot Program will set a target of reaching a decision on each
ex parte appeal within four months from the date the appeal enters the
program.
DATES:
Applicability Date: May 6, 2026.
Duration: The Fast-Track Appeals Pilot Program will run until May
6, 2028. After that date, the USPTO may temporarily or permanently
extend the Fast-Track Appeals Pilot Program (with or without
modification) or discontinue the program.
FOR FURTHER INFORMATION CONTACT: Megan Carlson, PTAB, by telephone at
571-272-9797 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Ex parte appeals to the Board are normally taken up for decision in
the order in which they are docketed. See USPTO Standard Operating
Procedure 1, Rev. 16, Assignment of judges to panels (June 12, 2024),
available at www.uspto.gov/patents/ptab/resources. Currently, average
appeal pendency is about 8.5 months, down from 15 months in 2020, and
30 months in 2015. See the PTAB statistics available at https://www.uspto.gov/dashboard/ptab/. A small number of ex parte appeals are
advanced out of turn, for example, because the appealed case is a
reissue application or a reexamination proceeding, or because the
appealed case was accorded special status in light of an inventor's
advanced age or poor health.
On July 2, 2020, the PTAB adopted, on a temporary basis, the Fast-
Track Appeals Pilot Program, where appellants may have an ex parte
appeal to the Board advanced out of turn by filing a petition under 37
CFR 41.3 and paying the petition fee specified in 37 CFR 41.20(a). See
Fast-Track Appeals Pilot Program (85 FR 39888, July 2, 2020) (Fast-
Track Notice). The PTAB extended the Fast-Track Appeals Pilot Program
on July 12, 2021. See Extension of the Fast-Track Appeals Pilot Program
(86 FR 36530, July 12, 2021) (First Extension). The PTAB again extended
the Fast-Track Appeals Pilot Program on October 4, 2022. See Extension
of the Fast-Track Appeals Pilot Program (87 FR 60135, October 4, 2022)
(Second Extension). The Fast-Track Appeals Pilot Program permits
appellants to accelerate the Board's decision on an ex parte appeal,
hastening patentability
[[Page 24525]]
determinations and the potential for commercialization of goods or
services embodying those patented inventions. This helps contribute to
follow-on innovation, economic growth, and job creation. The USPTO's
form for the Fast-Track Appeals Pilot Program petition, Form PTO/SB/
451, is available at https://www.uspto.gov/patents/apply/forms/.
The Fast-Track Notice required, among other things, that
appellant(s) file a petition before July 2, 2021, to participate in the
program. The Fast-Track Notice also set a maximum number of 500 appeals
that may be advanced through Fast-Track petitions. The First Extension
required that a petition be filed before July 2, 2022, to participate
in the program. The Second Extension required that a petition be filed
before July 2, 2024, to participate in the program. The First and
Second Extensions removed the maximum number of 500 appeals, but they
maintained a maximum number of 125 Fast-Track petitions granted per
quarter.
The Fast-Track Appeals Pilot Program is hereby extended to accept
petitions for advancing ex parte appeals out of turn (i.e., providing
``Fast-Track status'') through May 6, 2028. The requirements for the
program remain the same as those established in the Fast-Track Notice
(see 85 FR 39888), with the following modifications regarding the
petition limit and the target timeframe to reach a decision.
Consistent with the First and Second Extensions, there is no upper
limit of 500 total granted Fast-Track petitions. However, to maintain
the Board's ability to provide this faster appeal option while timely
resolving other appeals, the number of granted petitions in the Fast-
Track Appeals Pilot Program remains limited to 125 granted petitions
per quarter. If a quarterly limit is reached, the PTAB retains the
flexibility to accept additional petitions, either for consideration in
that quarter or in the next quarter.
Effective in this extension, the Fast-Track Appeals Pilot Program
will set a target of reaching a decision on each ex parte appeal within
four months from the date the appeal enters the program.
Although the previous extension expired on July 2, 2024, the PTAB
has been processing petitions to join the program as if the Second
Extension period remained in effect. The PTAB will continue to do so
under the terms provided in this notice.
The USPTO tracks the number of petitions it grants, the average
time it takes to answer petitions, and the average time for the Board
to render a decision on the merits of the ex parte appeal after a
petition grant. These statistics may be viewed at www.uspto.gov/PTABFastTrack.
John A. Squires,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2026-08798 Filed 5-5-26; 8:45 am]
BILLING CODE 3510-16-P