571-765-7700
Examiners Not Likely to Even Answer PTAB Appeal Briefs
Many PTAB appeal briefs are not answered by the Examining Corps, thereby leading to favorable results for the patent applicants
MPEP § 1207.01 requires that PTAB Appeal Briefs be met with a 3-employee Technology Center Conference on whether to answer each brief; importantly, many appeal briefs are not answered, thereby leading to favorable results for the patent applicant/appellant.


The USPTO Patents Dashboard Administrator recently provided a written response to DBJG indicating that MPEP § 1207.01 Technology Center Appeal Conferences shut down a significant number of PTAB Appeals. According to the USPTO Patents Dashboard Administrator, during last fiscal year, only 65% of PTAB Appeal Briefs were answered and forwarded to the PTAB for decision. And, when an examiner does answer an appeal brief, Appellants prevail over 44% of the time at the PTAB. The PTAB affirms examiner decisions only 55% of the time. These last two percentages come from the PTO PTAB Tables above, issued on a monthly basis. Significantly, in November 2021, the PTAB affirmed examiner decisions only 53.7% of the time (see the line in between the two tables, leftmost box).