Practice Area

TTAB Ex Parte Appeal

USPTO · TTAB · Federal Circuit

Situation — How This Comes Up

The USPTO examiner is refusing my application and I have exhausted my responses.

What You Need to Know First

After a final refusal, an applicant can appeal to the TTAB or to federal court. The TTAB hears the record that was before the examiner; federal court allows new evidence. The choice of forum matters.

Full Analysis

Ex parte TTAB appeals review USPTO examiner final refusals. The TTAB reviews the record de novo on legal issues but gives deference to the examiner’s factual findings. Appeals can proceed from the TTAB to the Federal Circuit or Eastern District of Virginia.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480