The document discusses several new initiatives and programs from the USPTO, including: 1) A web-based issue fee form (Web 85b) that allows electronic filing of issue fees and reduces errors; 2) An extension until September 30, 2016 of the After Final Consideration Program 2.0 and Quick Path IDS programs, which allow examination of amendments and IDSs after payment of issue fees; 3) The Quick Path IDS program allows examiners to consider an IDS through a petition to withdraw from issuance and conditional RCE instead of a petition to withdraw and RCE.

1. Prosecution Luncheon
Patent
October 2015

2. PDF’s Now Available on USPTO Website

3. USPTO Patent View Website
• Available here: http://www.patentsview.org

4. Web-Based Issue Fee Form (Web 85b)
• Requirements
– Patent Practitioners with EFS Web Access
– Power of Attorney in the case
• Reduce USPTO Errors
• Forms Auto Generated
– Do NOT submit a regular issue fee form (85)
with the web-based form (Web 85)
– Will automatically generate other forms
 e.g., change of address, entity status, etc.
• Guide here:
http://www.uspto.gov/sites/default/files/docum
ents/Web85b_QuickStart.pdf

5. Web-Based Issue Fee Form (Web 85b)

6. Web-Based Issue Fee Form (Web 85b)

7. Web-Based Issue Fee Form (Web 85b)

8. Web-Based Issue Fee Form (Web 85b)

9. Web-Based Issue Fee Form (Web 85b)

10. AFCP 2.0 and QPIDS Programs Extended
• September 30, 2016 Extension for
– After Final Consideration Program (AFCP) 2.0
– Quick Path IDS (QPIDS)

11. After Final Consideration Program Pilot 2.0
• Avoids the Expense of RCE’s
– See, http://www.uspto.gov/patent/initiatives/after-
final-consideration-pilot-20
• Timing
– Responses to Final Office Actions Filed From
May 19, 2013 to September 30, 2016
• 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

12. After Final Consideration Program Pilot 2.0

13. 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

14. Quick Path Information Disclosure Statement
• QPIDS extended to September 30, 2016
• More information on QPIDS
– Main Web Page
 http://www.uspto.gov/patents/init_events/qpids.jsp
– Quick Start Guide
 http://www.uspto.gov/patents/init_events/qpids_qsg.p
df
– FAQ
 http://www.uspto.gov/patents/init_events/qpids_faqs.p
df

15. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
• Old Way
Issue Fee
Paid
Petition to
Withdraw
RCE IDS
Issuance

16. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
• New Way
Issue Fee
Paid
Petition to
Withdraw
RCE
(Conditional)
IDS
Issuance
QPIDS
Request
Notice of Allowability

17. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
• New Way
Issue Fee
Paid
Petition to
Withdraw
RCE
(Conditional)
IDS
Issuance
QPIDS
Request
Notice
Reopen

18. Quick Path Information Disclosure Statement
• Transmittal
PTO/SB/09
• IDS with 1.97(e)
Statement
• Petition to Withdraw
(Web Based)
• RCE & Fee
• Authorization to
Charge QPIDS Fees
to Deposit Account

19. Quick Path Information Disclosure Statement
• Certification Under
1.97(e)
– (1) Cited 1st in
Foreign Counterpart
Application within 3
Months
– (2) Not Known of
Before within 3
Months

20. Varsity Brands, Inc. v. Star Athletics
• Copyrights of Clothing
• 6th Circuit Court of Appeals
•
– Panel Decision- 2 majority &
1 dissent
– Generally upended the
longstanding rule that
clothing is not copyrightable,
even if in part decorative.

21. Global Dossier
• Mike’s discussion…

22. Prosecution Luncheon
Patent
October 2015