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Prosecution LuncheonPatent
October 2015
PDF’s Now Available on USPTO Website
USPTO Patent View Website
• Available here: http://www.patentsview.org
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/documents/Web85b_QuickStart.pdf
Web-Based Issue Fee Form (Web 85b)
Web-Based Issue Fee Form (Web 85b)
Review Allowance Information
Web-Based Issue Fee Form (Web 85b)
Update Information
Web-Based Issue Fee Form (Web 85b)
Sign
Web-Based Issue Fee Form (Web 85b)
PDF Form Automatically Created
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, 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
After Final Consideration Program Pilot 2.0
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
http://www.uspto.gov/patents/init_events/qpids.jsp – Quick Start Guide
http://www.uspto.gov/patents/init_events/qpids_qsg.pdf
– FAQ http://www.uspto.gov/patents/init_events/qpids_faqs.p
df
Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After Payment of the Issue Fee• Old Way
Issue FeePaid
Petition toWithdraw
RCE IDS
Issuance
Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After Payment of the Issue Fee• New Way
Issue FeePaid
Petition toWithdraw
RCE(Conditional)
IDS
Issuance
QPIDSRequest
Granted
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 FeePaid
Petition toWithdraw
RCE(Conditional)
IDS
Issuance
QPIDSRequest
New Art NecessitatesReopening Case
NoticeReopen
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 1st in Foreign Counterpart Application within 3 Months
– (2) Not Known of Before within 3 Months
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.
Global Dossier
• Mike’s discussion…
Prosecution LuncheonPatent
October 2015