About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs

Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat_165
Juristat #8 Overall Rank

Pharma-50-transparent_216px_red

« Rep. Goodlatte Introduces Second "Discussion Draft" of Legislation Aimed at Curbing "Abusive Patent Litigation" | Main | Acting USPTO Director Vows Office Will Remain Open Even If Federal Government Is Shut Down »

September 25, 2013

Comments

An interesting paper, but in my mind does not go far enough in re-engineering the examination process.

I actually like all of their ideas here, save perhaps for the third action before we essentially go "final" even though they don't want to call it that.

Why they think there is a need for three actions before RCE is either not discussed or Kev didn't discuss it. I see no particular reason. I should think that the two we do today should suffice.

By the by, does anyone know if the examiner has the discretion to enter applicant's submitted evidence after a final action has issued? Or is it just straight up prohibited from being entered?

"Instead RCEs are docketed such that a patent examiner need only take one RCE up for action every 1-2 months."

That is actually not true at all. It's luck of the draw how long it takes before you have to do an RCE. Sometimes the examiner has a lot of CON/DIVs on the same docket that RCEs go to so it could be much longer than 1-2 mo. On the other hand, he may have none, and thus it requires him to do an RCE every 2 weeks or so.


The authors appear to be confused about the basics underlying the current system.

The comments to this entry are closed.

April 2025

Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30