After Final Consideration Program Pilot 2.0 Avoids the Expense of RCEs 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
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 at the USPTO July 23, 2013 Copyright 2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP
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