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« In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation (Fed. Cir. 2012) | Main | Patent Institutions Summit »

May 10, 2012


Since one must swear that the information was either cited by a foreign office within 3 months of the filing, or that no one remotely familiar with the application was aware of the information for more than 3 months (and how can one know that), this program will have very little influence on the number of after issue fee RCE filings. imho


You are aware that IDS's can be turned in without a statement, correct?

Skeptical -

I am not aware that IDS's can be turned in without a statement under this program, no. Quite the contrary I'm aware that the Federal register indicates that"

"IDS submissions made under this pilot program must be accompanied by either the timeliness statement set forth in 37 CFR 1.97(e)(1) or the timeliness statement set forth in 37 CFR 1.97(e)(2)."


See section 2:2. IDS With Timeliness Statement and Fee

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