Elevate Your Prosecution: Petitioning Examiner Errors After Final
Originally published on Presentation at Elevate Your Prosecution conferenceJulie Burke, Ph.D.
Michael Spector
Julie Burke, Ph.D.
Michael Spector
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All applicants deserve to have their petitions treated in a consistent manner…. Inconsistency within the USPTO’s petition practice should not be used as a poor excuse for further inconsistency.
Julie Burke, Ph.D.
Michael Spector
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, Ph.D.
Michael Spector
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
Julie Burke, Ph.D.
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