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Cover Image for USPTO After Final Petition Statistics – Are Things as Bad as They Appear? (Part VI)

USPTO After Final Petition Statistics – Are Things as Bad as They Appear? (Part VI)

The USPTO apparently gives each Technology Center the discretion as to when and how they choose to process petitions, and even who has authority to decide such petitions. This results in significant TC-to-TC variation in standards of review, petition pendency, and grant rates, making it difficult for practitioners to know what to expect when filing similar types of petitions in various TCs.

Julie Burke

Julie Burke

Michael Spector

Michael Spector

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Cover Image for The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses

The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses

The process to obtain a RFFL, while often lengthy and arduous, is successfully accomplished over 70% of the time…. Yet, it should be concerning that 84% of the granted decisions for a RFFL are not found in Public PAIR’s Image File Wrapper.”

Michael Spector

Michael Spector

Julie Burke

Julie Burke

Cover Image for Successful After Final Petitions Can Help Advance Prosecution (Part V)

Successful After Final Petitions Can Help Advance Prosecution (Part V)

Petitioning to overcome an improper final Office action is, contrary to conventional wisdom, not necessarily a futile exercise. Applicants can and do obtain granted petitions in far faster time than indicated in the USPTO Data Visualization Center.

Julie Burke

Julie Burke

Michael Spector

Michael Spector

Cover Image for Petitions Filed After Final Dismissed as Moot: USPTO Runs Down the Clock (Part IV)

Petitions Filed After Final Dismissed as Moot: USPTO Runs Down the Clock (Part IV)

Late entry of an after final petition, either by design or happenstance, strongly correlates with the petition being further delayed and ultimately being dismissed as moot.

Julie Burke

Julie Burke

Michael Spector

Michael Spector

Cover Image for Late-Filed Petitions Dismissed as Untimely: No Apparent Rhyme nor Reason (Part III)

Late-Filed Petitions Dismissed as Untimely: No Apparent Rhyme nor Reason (Part III)

During the course of our review, we identified three recent instances in which the practice of dismissing petitions as untimely was expanded to dismiss timely-filed petitions.

Julie Burke

Julie Burke

Michael Spector

Michael Spector

Cover Image for Newly created First Action Final Rejection policy adds unnecessary complications to patent prosecution

Newly created First Action Final Rejection policy adds unnecessary complications to patent prosecution

Based on an obscure and essentially uncirculated 2017 final agency decision (“FA Decision”), the USPTO recently revised Manual of Patent Examination Procedure (“MPEP”) § 706.07(b) to retroactively impose a first action final rejection (“FAFR”) legal standard that creates uncertainty and significantly reduces patent applicant’s options.

Julie Burke

Julie Burke

William Smith

William Smith

Michael Spector

Michael Spector

Cover Image for A USPTO Examination Policy Change You May Have Missed

A USPTO Examination Policy Change You May Have Missed

With little fanfare, the latest Manual of Patent Examining Procedure revision in June inserted a subtle, but potentially significant, change to the first-action final rejection practice that may make the patent examination process more costly for patent applicants, and more profitable for the U.S. Patent and Trademark Office.

Julie Burke

Julie Burke

David Gass

David Gass

Cover Image for Update on TC1600 and TC1700’s Treatment of Markush Claims

Update on TC1600 and TC1700’s Treatment of Markush Claims

The USPTO provides examiners with the option of rejecting Markush claims for containing improper Markush groupings and/or restricting examination of Markush claims by a requirement for an election of species. The rejection of a Markush claim is appealable to the Patent Trial and Appeal Board (“PTAB”) in accordance with 35 U.S.C. § 134 and 37 C.F.R. § 41.31(a)(1).

Julie Burke

Julie Burke

Michael Spector

Michael Spector

Cover Image for Introducing Petition.ai

Introducing Petition.ai

Petition.ai Launches the First Comprehensive Searchable Database of USPTO Patent Petition Documents. Significantly increase the likelihood of getting a petition granted on the first attempt while saving time and effort, relieving stress and reducing uncertainty.

Michael Spector

Michael Spector

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