Health Discovery Corp (HDVY)

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Duration from Director Review request to Decision

On the USPTO website, there is a spreadsheet of all of the PTAB cases that were submitted for Director Review through Sept 15, 2022.

Among other details, it includes the date the Director Review was requested and the decision date, along with the decision of Denied or Granted.

This is a crude analysis, given there could be many unknown variables, but after deleting duplicate cases we have a total of 109 cases submitted for review. 103 of these were denied and only 6 were granted (5.5 %).

After calculating the duration, or the number of weeks from Director Review request to the decision, we have an average of 8.3 weeks. I think we were all hoping for 30 days.

Of the 103 "denied cases," the average duration was 7.8 weeks. Decisions range wildly from 1-29 weeks, with the mode average of 7 weeks. More specifically, within those 103 denied cases, 21 of those had a decision in 7 weeks (20% of the time). Also noteworthy, an additional 15 of the 103 cases had a decision in 6 weeks. Meaning, 35% of the time, the cases had their Director Review decision within 6-7 weeks.

The 6 cases that were granted Director Review had an average decision duration of 16 weeks (both mean and mode). Duration time ranged from 8-35 weeks. The average duration time for granted Director Reviews is twice that of denied.

So, if our request for review was on October 6th, and it is (hopefully) denied, then we have a 35% chance of getting our answer sometime in mid to late November. I believe many are expecting the end of Oct/early Nov. Again, I’ve waited this long…