speeding up issuance

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Speeding It Up at the USPTO July 2013 July 23, 2013

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Page 1: Speeding Up Issuance

Speeding It Up atthe USPTO

July 2013

July 23, 2013

Page 2: Speeding Up Issuance

Speeding Up Issuance

Page 3: Speeding Up Issuance

Speeding Up Issuance

• Quick Path Information Disclosure Statement (QPIDS)– May eliminate the need for (and expense of) a

Request for Continued Examination (RCE) for an Information Disclosure Statement (IDS) filed after payment of the issue fee.

• QPIDS Limits– Only available after you pay the issue fee– Must be able to make a certification under 37

CFR 1.97(e)

Page 4: Speeding Up Issuance

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

Page 5: Speeding Up Issuance

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

Page 6: Speeding Up Issuance

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

Page 7: Speeding Up 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

Notice of Allowability

Page 8: Speeding Up 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

NoticeReopen

Page 9: Speeding Up Issuance

Quick Path Information Disclosure Statement

• QPIDS extended to September 30, 2013

• 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.pdf

Page 10: Speeding Up Issuance

Speeding It Up atthe USPTO

July 23, 2013

Copyright 2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP