Speeding It Up atthe USPTO

July 2013

July 23, 2013

Speeding Up Allowance

Speeding Up Allowance

• After Final Consideration Pilot Program 2.0

After Final Consideration Program Pilot 2.0• Avoids the Expense of RCE’s

• Timing – Responses to Final Office Actions Filed From

May 19, 2013 to September 30, 2013

• Requirements (NO FEE)– Request for Consideration Under Pilot

(PTO/SB/434)– Amendment to at least one independent claim

that does not broaden it– Willing to participate in an interview

After Final Consideration Program Pilot 2.0

After Final Consideration Program Pilot 2.0• What does the Examiner Get?

– Up to 3 Hours non-production time– 10 day adjustment of docket management clock

• Outcome– Examiner can deny request (file RCE)– Allow the application– Request interview

• Need to conduct interview within 10 days– Otherwise back to filing RCE

After Final Consideration Program Pilot 2.0

• Results- it works– Filed Request June 5, 2013– Examiner called June 12, 2013 requesting a few

minor changes for Notice of Allowance – Saved the expense and time of an RCE!

– Other example- Examiner called to apologize for not using (i.e., mailing an Advisory Action) because she was switched to a new supervisor

Speeding It Up atthe USPTO

July 23, 2013

Copyright 2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP