How does an applicant initiate the Appeal Process?

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The appropriate way for an applicant to initiate the Appeal Process in the context of patent law is by filing a Notice of Appeal with the United States Patent and Trademark Office (USPTO). This submission formally signals the applicant's intention to appeal an adverse decision made by the patent examiner regarding a patent application.

Upon filing the Notice of Appeal, the applicant must also pay the necessary fees and comply with any additional requirements set forth by the USPTO regulations. This process is critical because it transitions the case from the examination phase to the appeals phase, where a more formal review and decision can take place, typically handled by the Patent Trial and Appeal Board (PTAB).

In contrast, the other options describe actions that are not relevant to initiating the appeal process within the USPTO framework. For instance, involving the court system directly or creating a new patent application does not pertain to the appeal mechanism, nor does contacting a trademark attorney, which generally relates to trademark issues rather than appeals in patent applications.

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