The Office of Pate
nt Petitions dashboard would have us believe that the present backlog for deciding PPH petitions is 136 days. Given that the factual requirements for such a petition are nowadays self-certified by the filer, it seems unreasonable that the filer should have to wait 136 days for the petition to be decided. Indeed it seems to me that USPTO should make this into an ePetition (the kind of petition that is automatically processed by EFS-Web and immediately granted, if all petition requirements are met).
Some weeks ago a high-up person in the Office of Patent Petitions told me that Something Was Going To Be Done. Resources were going to be found, I was told, so that this backlog could be reduced. But my post today notes that one of our PPH cases had its petition filed 144 days ago and the Office of Patent Petitions has not yet gotten to that petition. Things seem to be getting worse, not better.
The policy goals of PPH (reducing examination backlog, improving patent quality, promoting science and the useful arts) are not well served when the USPTO falls so far behind (four, five, even six months of delay) in deciding PPH petitions.
I file a 1.182 petition ($400) every time I file a PCT PPH petition. Turn around is generally 5 – 10 days.
Yes that is exactly right. The client that can afford to spend $400 for each PPH petition can get them granted very quickly.
I am still waiting on a PPH decision for a petition filed on 4/29/2015 (7.5 months and counting). A notice of allowance was issued in August and the issue fee paid right away – I am told that the lack of PPH decision is holding up issuance. A sister application was filed the same day with another PPH petition which was granted 11/29/15, exactly 7 months from filing the PPH petition.
For the outstanding petition, I have called the person that has the case in the office of petitions 3 times over the last month and left messages – no return call yet. I called the ombudsman office last week who sounded like he would be able to help, but I am still waiting.