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Speeding Up Allowance

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Speeding Up Allowance

  1. 1. Speeding It Up at the USPTO July 2013 July 23, 2013
  2. 2. Speeding Up Allowance
  3. 3. Speeding Up Allowance • After Final Consideration Pilot Program 2.0
  4. 4. 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
  5. 5. After Final Consideration Program Pilot 2.0
  6. 6. 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
  7. 7. 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
  8. 8. Speeding It Up at the USPTO July 23, 2013 Copyright 2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP

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