On August 4, 2025, the USPTO’s Deputy Commissioner for Patents (Charles Kim) published a document entitled Reminders on evaluating subject matter eligibility of claims under 35 U.S.C. 101 which you may see here (archived here). I think the document may be of some help for applicants facing 101 rejections. Continue reading “A “reminders” document that might help with 101 problems”
A decision that might help with 101 problems
(A commenter pointed out a mistake in this article — the applicant apparently did not appeal to the ARP. What apparently really happened is that the ARP, sua sponte, chose to take action. I fixed it. Thanks to the commenter.)
Today the USPTO published a decision called Ex parte Desjardins et alia, 2024-000567 (Appeals Review Panel, September 26, 2025). a copy of which may be seen here. It looks like this decision may be of some help to applicants facing 101 rejections. Continue reading “A decision that might help with 101 problems”
EBC continues to foot-drag handling of Form 2248
(Update: by now almost four months have passed and the EBC has still not acted upon either of the Forms 2248. See blog article.)
It is now six weeks ago that I followed instructions from the EBC and used fax to send in a Form 2248 in two of my PCT cases. (See blog article.) Yes, six weeks have now passed during which EBC continues to fail to act upon either of the Forms 2248 that I sent to them.
Please register for my 2½-day PCT seminar that starts on September 30
Folks, there are still seats available for my 2½-day PCT seminar that starts on September 30, 2025.
Please register for this seminar. For more information, or to register click here.
What is better — an RCE or a continuation?
I just got done paying the fee for a second RCE in one of my clients’ cases. Ouch! $2860 for a non-small entity.
I then went to the trouble to add up the filing fee, search fee, and exam fee that would have been paid in an ordinary continuation. Looks like that adds up to $2000.
I note that the number 2000 is smaller than the number 2860.
Which got me thinking about the question of the subject line. What is smarter to use — RCE or continuation? Continue reading “What is better — an RCE or a continuation?”
Hoping to see you at today’s PCT class in San Jose
Hello loyal readers. Hopefully many of you have logged in to attend this PCT seminar that is taking place right now at the San Jose patent office.
I am delighted to report that we have some thirty-two in-person attendees as well as some eighty-two virtual attendees.
Three upcoming PCT training opportunities – San Jose and Denver
Hello PCT enthusiasts. Here are three upcoming live in-person PCT training opportunities.
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- San Jose, Friday, September 12, 2025. One day of live, in-person PCT training at the San Jose patent office. I will be among the faculty for this seminar. For more information, or to register, click here.
- Denver, Tuesday, September 16, 2025. One day of live, in-person PCT training at the Denver patent office. I will be among the faculty for this seminar. For more information, or to register, click here.
- Denver airport location, Tuesday, September 30, 2025 through Thursday, October 2, 2025. 2½ days of live, in-person PCT training from yours truly. Fly to the Denver airport and take a free hotel shuttle to the seminar hotel. For more information, or to register, click here.
EBC foot-drags handling of Form 2248
(Update: fifteen weeks have passed, bring the foot-dragging delay up to almost four months. See blog article.)
It’s been a month now since I followed the instructions of the Electronic Business Center (EBC) and faxed Form 2248 to the USPTO (in two different patent application files). As of today, a month has passed and the EBC has failed to act upon either of the Forms 2248.
What, you might ask, is Form 2248? What is the problem for which Form 2248 is the solution? You might ask yourself whether you have one or more active patent application files for which you ought to have sent in Form 2248. How would you know? What might one do to avoid getting into a situation where you are vulnerable to this “Form-2248 problem”? Continue reading “EBC foot-drags handling of Form 2248”
PCT seminars in Denver and Dallas patent offices are now CLE accredited
Hello dear readers. You already know that there are PCT seminars coming up at four patent offices (San Jose, Denver, Dallas, and Detroit). And you already know that yours truly will be among the faculty for these four seminars. The big news today is that I am pleased to see that CLE accreditation has been obtained for the seminars in the Denver patent office (click here) and the Dallas patent office (click here).
For more information, or to register for any of these four one-day seminars, click here.
I also encourage you to attend my upcoming 2½-day live in-person Patent Cooperation Treaty seminar in beautiful Colorado, near the Denver airport, and the related half-day seminar on PCT docketing (click here). This will be September 30 to October 2, 2025. These seminars have also been CLE-accredited (click here and here).
Four PCT/ePCT training opportunities
It will be recalled that I rescheduled my PCT seminars to new dates, namely September 30 to October 2, 2025 (click here for more information or to register). I commented (see blog article) that this was for a very fun and interesting reason that I hoped to write about presently. Now I will tell you the fun and interesting reason why I rescheduled my PCT seminars — it was to enable four PCT/ePCT training opportunities at which I will be a speaker.
Here is a remarkable opportunity to get a day of PCT training in any of four locations:
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- San Jose – Friday, September 12, 2025
- Denver – Tuesday, September 16, 2025
- Dallas – Friday, October 24, 2025
- Detroit – Tuesday, October 28, 2025
The faculty for these one-day seminars includes people from WIPO and from the USPTO and yours truly.
These seminars are free of charge and they offer a remarkable opportunity for live and in-person training from WIPO people and USPTO people and from yours truly.
You can download the program here. To register, click here.
I also invite you to attend my 2½-day live in-person Patent Cooperation Treaty seminar:
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- Aurora, Colorado – September 30, 2025 to October 2, 2025
For more information, or to register, click here.
I also invite you to attend my half-day live in-person seminar on PCT docketing:
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- Aurora, Colorado – October 2, 2025
For more information, or to register, click here.