USPTO could be nicer to PDX and DAS users

(Further update:  We win!  As you can see here, the Commissioner answered our letter.  The USPTO says it will stop the foot-dragging on retrieval of electronic certified copies.)

(Update:  A letter got sent on February 22, 2020 to the Commissioner for Patents at the USPTO, asking the USPTO to stop its foot-dragging on retrieval of electronic certified copies from DAS and PDX.  See blog post.)

If you fail to get your certified copy of your foreign priority application into the hands of the USPTO by sixteen months, you’ve lost your priority claim and will have to file a petition to get it back.  Suppose you try to do this electronically and inadvertently get it wrong?  USPTO’s present policy is to wait until past sixteen months to let you know.  That’s not nice, and USPTO needs to change its policy.

Continue reading “USPTO could be nicer to PDX and DAS users”

Why the smart US filers are filing in RO/IB this weekend

Many US patent filers always file their PCT applications in RO/US, and many US patent filers don’t know how to file a PCT application anywhere else (such as RO/IB).  But during the four-day period from March 14 to March 17, smart US patent filers are filing their PCT applications in RO/IB using ePCT rather than RO/US using EFS-Web.

Continue reading “Why the smart US filers are filing in RO/IB this weekend”

Does the USPTO give you the same examiner as in the PCT?

(Updated to reflect that Forty-two patent practitioners have asked Director Vidal to make it so.  See blog post and update below.)

A member of the PCT Listserv asks “does USPTO give you the same Examiner in a US national application and in the corresponding PCT application?”  This is a very interesting question and has several sub-questions to it. Continue reading “Does the USPTO give you the same examiner as in the PCT?”