Abstract is required to “commence on a separate sheet”? No!

From time to time an Examiner in the USPTO recites this objection:

The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR §§ 1.52(b)(4) and 1.72(b).  A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.

An Examiner made such an objection a couple of days ago in one of our cases.  We will be able to force the Examiner to withdraw the objection. Continue reading “Abstract is required to “commence on a separate sheet”? No!”

ISA/RU search fee for US filers increases today

It will be recalled (see blog post of November 3, 2017) that the search fee to be paid by a US filer selecting ISA/RU was scheduled for a fee increase today, December 6, 2017.

The fee increase, from $482 to $698, has indeed taken place.

You do not need to worry about accidentally paying the incorrect fee amount, because EFS-Web and ePCT have both been updated to reflect this new fee amount.

As of today the various searching authorities available to those who file in RO/US, ranked by the amount of the search fee, are:

  • EP – $2238
  • US – $2080
  • AU – $1688
  • SG – $1552
  • JP – $1372
  • KR – $1114
  • US – $1040 (small entity)
  • IL – $963
  • RU – $698
  • US – $520 (micro entity)

There are many factors in addition to price which a filer might wish to take into account when selecting an International Searching Authority.

ePCT webinar Tuesday

This coming Tuesday is the third of a four-part series of webinars about ePCT.

Part 3.  Follow-on filings.

  • Best Practice for doing a 92bis change as an Action.
  • Best Practice for doing an Article 19 Amendment as an Action.
  • Best Practice for filing a Demand.

For more information or to register, click here.

A chance to save a little money on PCT search fees

Readers will recall (perhaps from my blog post of October 13) that the search fee for ISA/EP will increase (for US filers) on December 1, 2017.   This offers an opportunity to save a little money.  If your client is planning to file a PCT application in the next week or two, and is planning to pick ISA/EP, consider filing it on November 30 rather than December 1.  This will save $139 in search fees.

Webinars to learn about ePCT

Those who handle pending US patent applications are well aware that it is impossible to carry out one’s work competently without knowing how to use Private PAIR to view pending US patent applications and to check the status of such applications. Likewise one needs to know how to use EFS-Web to file new patent applications and to file follow-on papers.

ePCT is the mechanism for viewing pending PCT applications and for checking the status of such applications. ePCT is an important part of the filing of new PCT patent applications and is a crucial part of the filing of follow-on papers in PCT applications.

It is thus extremely important to learn how to use ePCT.  ePCT is extraordinarily feature rich. Here are four webinars which together will explore the 20% or so of the ePCT features which you will use 80% of the time. Continue reading “Webinars to learn about ePCT”

Time returns to normal for WIPO filings

As I reported a week ago, the usual autumn thing happened with time zones.  A week ago Europe “fell back” with daylight saving time.

Now today the US also “fell back”.

For the past week, US filers had an extra hour available to get a same-day filing date for filings at WIPO.  A US filer could file as late as 5PM (Mountain Time) instead of the usual 4PM, and get a same-day filing date.

Now it is back to normal.  The time of day to keep in mind is once again 4PM Mountain Time.

Search fee for ISA/RU to increase December 6

The search fee paid by US filers of PCT applications for the Russian searching authority will increase on December 6, 2017 from $482 to $698.  You can see the details here.

This changes slightly the ranking by cost of the various searching authorities available to filers in RO/US.  Here is how the search fees will rank after the fee change of December 6:

  • EP – $2238
  • US – $2080
  • AU – $1688
  • SG – $1552
  • JP – $1372
  • KR – $1114
  • US – $1040 (small entity)
  • IL – $963
  • RU – $698
  • US – $520 (micro entity)

The result of this fee change is that, for the first time in a very long time, the Russian patent office will not be the least expensive searching authority for PCT filers in RO/US.  ISA/US will be the least expensive (but only for a filer that qualifies for micro entity status).

Filers in RO/US tend to pick ISA/EP, ISA/US, or ISA/KR.  It is relatively rare that a US filer will pick ISA/RU (or ISA/AU, ISA/IL, ISA/JP, or ISA/SG).  Nonetheless, for the US filer who is planning to file a PCT application in which ISA/RU is selected, there will be an opportunity to save a little money.  The filer could file on December 5 rather than December 6, and the savings would be $216.