Definition
A patent appeal is a request for the PTAB to review and reverse an examiner’s final rejection of an application’s claims.
Why It Matters Legally
Appealing can rescue valuable claims when an examiner refuses to allow them, though it adds time and cost. Knowing when to appeal versus amend is an important prosecution decision.
Example Use Case
After repeated rejections it believes are wrong, an applicant appeals to the PTAB, which reverses the examiner and allows the claims.
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Related Terms
Final Rejection, Request for Continued Examination, Patent Prosecution, Examiner