Prosecution Luncheon Patent October 2015. PDF’s Now Available on USPTO Website

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Transcript of Prosecution Luncheon Patent October 2015. PDF’s Now Available on USPTO Website

Patent Prosecution Luncheon August 2015

Prosecution LuncheonPatent

October 2015

PDFs Now Available on USPTO Website

USPTO Patent View WebsiteAvailable here: http://www.patentsview.org

Web-Based Issue Fee Form (Web 85b)RequirementsPatent Practitioners with EFS Web AccessPower of Attorney in the caseReduce USPTO ErrorsForms Auto GeneratedDo 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 ExtendedSeptember 30, 2016 Extension for

After Final Consideration Program (AFCP) 2.0

Quick Path IDS (QPIDS)

After Final Consideration Program Pilot 2.0Avoids the Expense of RCEsSee, 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 itWilling to participate in an interview

After Final Consideration Program Pilot 2.0

After Final Consideration Program Pilot 2.0What does the Examiner Get?Up to 3 Hours non-production time10 day adjustment of docket management clock

OutcomeExaminer can deny request (file RCE)Allow the applicationRequest interview

Need to conduct interview within 10 daysOtherwise back to filing RCE

Quick Path Information Disclosure StatementQPIDS extended to September 30, 2016

More information on QPIDSMain Web Pagehttp://www.uspto.gov/patents/init_events/qpids.jsp Quick Start Guidehttp://www.uspto.gov/patents/init_events/qpids_qsg.pdf FAQhttp://www.uspto.gov/patents/init_events/qpids_faqs.pdf

Quick Path Information Disclosure StatementWay for the Examiner to Consider an IDS After Payment of the Issue FeeOld Way

Issue FeePaidPetition toWithdrawRCEIDSIssuanceQuick Path Information Disclosure StatementWay for the Examiner to Consider an IDS After Payment of the Issue FeeNew Way

Issue FeePaidPetition toWithdrawRCE(Conditional)IDSIssuanceQPIDSRequestGrantedNotice of AllowabilityQuick Path Information Disclosure StatementWay for the Examiner to Consider an IDS After Payment of the Issue FeeNew Way

Issue FeePaidPetition toWithdrawRCE(Conditional)IDSIssuanceQPIDSRequestNew Art NecessitatesReopening CaseNoticeReopen

Quick Path Information Disclosure StatementTransmittal PTO/SB/09IDS with 1.97(e) StatementPetition to Withdraw (Web Based)RCE & FeeAuthorization to Charge QPIDS Fees to Deposit Account

Quick Path Information Disclosure StatementCertification 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 Mikes discussion

Prosecution LuncheonPatent

October 2015