Prosecution Luncheon Patent October 2015

PDF’s Now Available on USPTO Website

USPTO Patent View Website Available here:

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: ents/Web85b_QuickStart.pdf ents/Web85b_QuickStart.pdf

Web-Based Issue Fee Form (Web 85b)

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

After Final Consideration Program Pilot 2.0 Avoids the Expense of RCE’s –See, final-consideration-pilot-20http:// 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

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

Quick Path Information Disclosure Statement QPIDS extended to September 30, 2016 More information on QPIDS –Main Web Page  –Quick Start Guide  df df –FAQ  df df

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 RCEIDS Issuance

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

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

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

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

Varsity Brands, Inc. v. Star Athletics Copyrights of Clothing 6 th 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.

Global Dossier Mike’s discussion…

Prosecution Luncheon Patent October 2015