News & Analysis as of

Request for Continued Examination Patent Prosecution United States Patent and Trademark Office

Mintz - Intellectual Property Viewpoints

Expediting Patent Prosecution with the Newly Extended Collaborative Search Pilot Program

On February 4, 2021 the U.S. Patent and Trademark Office (USPTO) extended for two years the expansion of the Collaborative Search Pilot Program (CSP), which began in 2015 and is now scheduled to end October 31, 2022. The CSP...more

Mintz - Intellectual Property Viewpoints

Expediting Patent Prosecution After An Advisory Action

It can be difficult to advance prosecution of a U.S. patent application efficiently and effectively after prosecution has been closed and an Advisory Action has been mailed. Various U.S. Patent and Trademark Office (USPTO)...more

Mintz - Intellectual Property Viewpoints

Patent Application Declarations for Unavailable or Uncooperative Inventors

Increased employee mobility, health challenges, and the economic downturn due to the COVID-19 pandemic may result in more inventors than usual being unavailable to sign declarations for patent applications as required by the...more

BCLP

U.S. Patent & Trademark Office Update: RCE Rule 1.114 Enforcement Change

BCLP on

The United States Patent & Trademark Office (“USPTO”) recently changed its enforcement of 37 C.F.R. 1.114(e)(3) as it relates to an inventor’s oath or declaration, and the change may impact U.S. national stage applications...more

Mintz - Intellectual Property Viewpoints

USPTO Releases Final Rules on PTA Calculations in view of Supernus

On June 16, 2020, the U.S. Patent and Trademark Office (USPTO) released final rules (the “Rules”) implementing changes to how Patent Term Adjustment (PTA) is calculated in certain circumstances in view of Supernus Pharms.,...more

Seyfarth Shaw LLP

Small and Micro Businesses Alert: USPTO Announces Program for Applications Covering Prevention and Treatment of COVID-19

Seyfarth Shaw LLP on

Today, the U.S. Patent and Trademark Office announced a pilot program to accelerate prosecution of patent applications relating to COVID-19 prevention and treatment submitted by small and micro entities.  ...more

Womble Bond Dickinson

Results of USPTO Post-Prosecution Pilot Look Promising

Womble Bond Dickinson on

Through the Enhanced Patent Quality Initiative, the U.S. Patent and Trademark Office is rolling out programs to enhance overall patent quality. The latest program rolled out was the Post-Prosecution Pilot (P3) Program, which...more

McDermott Will & Emery

Federal Circuit Sides with PTO on Applicant Delay in Patent Term Adjustment

McDermott Will & Emery on

In a case explaining what comprises an “applicant delay” in the context of a patent term adjustment (PTA), the US Court of Appeals for the Federal Circuit sided with the US Patent and Trademark Office (PTO) ruling that the...more

Knobbe Martens

Subsequent Examination After RCE and Interference Proceeding Are Not PTO Delay

Knobbe Martens on

MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE - Before: Newman, Lourie, and Dyk - ...more

Fenwick & West LLP

A Long Road Ahead: A Solo Entrepreneur's Perspective on the USPTO’s Roundtable I - Subject Matter Eligibility Guidelines

Fenwick & West LLP on

I am a solo entrepreneur. After twenty plus years in industry, I decided to take the risk and start my own business using my own capital. In the parlance of the law I am considered, almost affectionately, a micro-entity. ...more

Winstead PC

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

Winstead PC on

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

Foley & Lardner LLP

USPTO Launches Patents 4 Patients

Foley & Lardner LLP on

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

Mintz - Intellectual Property Viewpoints

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

Perkins Coie

What is Patent Term Adjustment and Why Does It Matter?

Perkins Coie on

For patents granted on applications filed on or after June 8, 1995, the enforceable patent term begins on the day the patent issues and generally expires 20 years from the earliest effective filing date of the application. ...more

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