Request for Continued Examination

News & Analysis as of

Busting the Myth of the Unlimited RCEs

In June, the Government Accounting Office (GAO) issued a performance audit of the U.S. Patent and Trademark Office (USPTO), “Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity.” The report was...more

PTO Extends Pilot Programs

The US Patent and Trademark Office (PTO) has extended the After Final Consideration Pilot 2.0 (AFCP 2.0) and the Quick Path Information Disclosure Statement (QPIDS) pilot programs until September 30, 2017. ...more

PTO Initiates Post-Prosecution Pilot Program

On July 11, 2016, the US Patent and Trademark Office (PTO) announced a new pilot program to enhance after final practice. The Post-Prosecution Pilot Program (P3) combines elements of the Pre-Appeal Request for Review and AFCP...more

Is Final Really Final? Alternative Patent Prosecution Routes after a Final Office Action

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and...more

USPTO Launches Patents 4 Patients

To support the National Cancer Moonshot initiative, the USPTO has launched the Patents 4 Patients program, also known as the Cancer Immunotherapy Pilot Program. Under this program, applicants can obtain expedited examination...more

Patent Office Provides New Option for Addressing Final Rejections

The U.S. Patent and Trademark Office (USPTO) recently initiated a Post-Prosecution Pilot Program (P3) to enhance prosecution during the time period after a final rejection and prior to the filing of a notice of appeal....more

USPTO offers a new tool for responding to Final Office Actions – Post-Prosecution Pilot (P3) Program

On July 11, 2016, the United States Patent and Trademark Office (USPTO) introduced a new program, the Post-Prosecution Pilot (P3) Program, for responding to a Final office action rejection in a patent application. The goal of...more

USPTO Implements Pilot Program to Support President's National Cancer Moonshot

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 42328) regarding the implementation of a new pilot program that will provide for earlier review of patent applications...more

USPTO Initiates Post-Prosecution Pilot Program

On Monday, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 44845) regarding the initiation of a new pilot program intended to enhance patent practice during the period after the...more

New USPTO P3 Program Offers Applicant Participation In After Final Conference

The USPTO has launched a new after final program available starting July 11, 2016. The Post-Prosecution Pilot Program (P3) combines features of the After Final Consideration Pilot 2.0 (AFCP 2.0) and Pre-Appeal Brief...more

It Ain’t Over ‘Till It’s Over

It seems that the majority of patent applications, including those that eventually issue as patents, face a “final” rejection at some point. “Final” does not not always mean final, however, and there are at least eight...more

IPR Proactive Defense Measures – Strategies and Considerations for Patent Owners

Many patent owners have not yet had to defend against an inter partes review (IPR), but the popularity of this proceeding increases the chances that they will encounter it down the road if they have not already faced one....more

Court Can't Review Policy Behind Patent Term Adjustment Statute

In Singhal v. Lee, the U.S. District Court for the Eastern District of Virginia dismissed a complaint that challenged the Patent Term Adjustment (PTA) awarded to two patents, because the complaint failed to state a claim upon...more

Four Reasons to File an RCE with a Request to Suspend Processing

The U.S. Patent and Trademark Office (USPTO) allows a Request for Continued Examination (RCE) to be filed with a request to suspend processing of the RCE for up to 3 months, in accordance with 37 CFR 1.103(c). The suspension...more

Final Office Actions - Sometimes Final Is Not So Final

Patent prosecution is a back and forth dialogue to get the broadest coverage allowable. In order to keep from bogging down the system, the USPTO can issue a Final Office Action to close off prosecution. There are limited...more

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

USPTO News Briefs - October 2015

USPTO Extends After Final Consideration Pilot 2.0 Program - Last week, the U.S. Patent and Trademark Office indicated on its website and through a Patents Alert e-mail that the After Final Consideration Pilot 2.0 (AFCP...more

USPTO Extends Pilot Programs for Accelerating Examination

The U.S. Patent and Trademark Office (USPTO) has extended its After Final Consideration Pilot 2.0 and Quick Path Information Disclosure Statement programs through September 30, 2016. The programs are part of the USPTO’s...more

Can You File an RCE in That U.S. National Stage Application?

Since the implementation of the America Invents Act on September 16, 2012, and the Technical Corrections Act on January 14, 2013, Applicants have been able to delay submission of an executed inventors’ oath/declaration in a...more

Expedited Patent Appeal Pilot Program

On June 15, 2015, the U.S. Patent and Trademark Office (USPTO) announced it was starting an Expedited Patent Appeal Pilot Program effective June 19, 2015. Under the Expedited Patent Appeal Pilot, an appellant can file a...more

USPTO Pilots Expedited Patent Appeal Program But at What Price?

In a June 15, 2015 Federal Register Notice, the USPTO announced the Expedited Patent Appeal Pilot program, which will run until 2,000 ex parte patent appeals are expedited under the program, or until June 20, 2016, whichever...more

Patent Term Adjustment in the Post-RCE Period

We know from Novartis v. Lee that a patent application does not earn “B delay” type Patent Term Adjustment (PTA) from the time an RCE is filed until a Notice of Allowance is issued, but an application still can earn PTA for...more

USPTO Issues Final Rule in View of Novartis v. Lee

Earlier this year, the U.S. Patent and Trademark Office published a final rule in the Federal Register (80 Fed. Reg. 1346) to revise the rules of practice to implement the Federal Circuit's decision in Novartis AG v. Lee. ...more

RCEs and the New USPTO Patent Term Adjustment Rules

On January 9, 2015, the Federal Register published final rules implementing changes to patent term adjustment (PTA) in view of Novartis v. Lee, which the Federal Circuit decided last January. The new rules affect patents...more

USPTO Issues Final Patent Term Adjustment Rules Under Novartis

The USPTO has published final Patent Term Adjustment (PTA) rules addressing the treatment of Requests for Continued Examination (RCEs) under the Federal Circuit decision in Novartis v. Lee. The final rules create a new type...more

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