Posts Tagged: request for continued examination


Is that Next RCE Really Going to Work?

Knowing when to give up on a patent application is one of the most critical questions facing for any patent applicant… When faced with the decision regarding …
1 year ago 5

Novartis v. Lee: The Unfortunate and Unintended Impact of the PTA Statute on Continuation Practice

In Novartis, this Federal Circuit panel (opinion by Judge Taranto, joined by Judges Newman and Dyk) ruled that the second exclusion from PTA in the “B period” …
2 years ago 0

USPTO Modifies After Final Amendment Pilot Program

Last week the United States Patent and Trademark Office (USPTO) announced in the Federal Register that it would modified the After Final Consideration Pilot Program (AFCP) to …
2 years ago 2

Will the USPTO Outreach Fix the RCE Backlog?

The problem of the RCE backlog is a function of the prosecution dynamic and lack of meaningful oversight into areas where RCEs are common and patents issue …
3 years ago 48

The RCE Backlog: A Critical Patent Office Problem

The backlog of unexamined patent applications was down over 15.1% in September 2012, compared with October 2010. At the same time, however, the number of unexamined RCE filings grew 95.56%, after …
3 years ago 5

The Ghost of Lemelson: PTA Consequences of Exelixis v. Kappos

On November 1, 2012, a federal district court (EDVA) issued an order that may have profound consequences for calculations of patent term adjustment (“PTA”). The district court believed that …
3 years ago 7

New PTO Initiative Gives More Opportunities to Amend After Final

All and all this seems like a positive development. If you do provide a claim set that defines the invention from broad to narrow it seems extremely …
3 years ago 12

Kappos 2.0: Exclusive Interview with PTO Director David Kappos

Director Kappos was extremely gracious with his time, speaking to me on the record for nearly 90 minutes. He answered every one of my questions without dodging, and …
4 years ago 9

An Overview of the U.S. Patent Process

For example, does a hair dryer with integrated radio, beer bottle opener, shaving cream dispenser that floats sound marketable? Perhaps as a gag gift maybe, but the …
4 years ago 3

PTO Lays Out Ambitions 2011 Agenda at IPO Conference

At lunch Director Kappos explained that the goal for fiscal year 2010, which ended on September 30, 2010, was to get the backlog down to 699,000 --- dubbed "project 699." The Office …
5 years ago 2

Preparing for Future Litigation Before Your Patent Issues

This strategy is tried and true, and any company with a serious patent portfolio and an eye toward enforcing that portfolio through licensing or litigation has followed …
5 years ago 9

Allowance Rate of 45.6% at USPTO for Fiscal 2010

Hopefully the seemingly modest successes of team Kappos in fiscal 2010 will be viewed for what they are, which is rather extraordinary, by our leaders in Washington, DC. …
5 years ago 8