Jurinspired 002: USPTO AFCP 2.0, how to retain a patent attorney, Sphelar solar power tech, and Street Sense

What’s ahead:
1: AFCP 2.0
2: Retaining an attorney
3: Amazing solar technology
4: Street Sense

AFCP 2.0
After Final Consideration Pilot 2.0
(20130519-20140930)
Provides one more option

After-final practice
• Options limited
• Clock continues running
– Amendment under rule 116
– Often not entered

AFCP 2.0
• Examiner may consider amendment that
otherwise would not be considered

Eligibility
Under final rejection

Eligibility
File response under 37
C.F.R. 1.116

Eligibility
File request for consideration
under the pilot - concurrently

Eligibility
Must certify re interview

Eligibility
Must amend at least one
independent claim

Eligibility
Must not broaden the
amended claim

Eligibility …
Not for reissue or
reexamination

Then – it’s up to
the Examiner

Conflicts:
Can’t advance two adverse
positions in same matter.

Conflicts (2):
Can’t take position in matter
if adverse to position of
another client in same
matter.

Conflicts (3):
Impaired representation -
professional judgment may
be adversely affected

Conflicts(4):
Imputed
disqualificationm

Client intake:
Prospective client must make
a disclosure to the attorney

Client intake (2):
Conflicts check by attorney

Client intake (3):
Engagement letter sent

Client intake (4):
Engagement letter
 Signed by client
 Returned with advance

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