Comments on: Examples Of Strategic Uses Of Requests For Continued Examination (RCEs) http://patentablydefined.com/2009/02/17/examples-of-strategic-uses-of-requests-for-continued-examination-rces/ A practical patent prosecution blog published by Michael Kondoudis Tue, 13 Jul 2010 12:07:52 +0000 hourly 1 http://wordpress.org/?v=3.0 By: mike http://patentablydefined.com/2009/02/17/examples-of-strategic-uses-of-requests-for-continued-examination-rces/comment-page-1/#comment-4763 mike Mon, 09 Mar 2009 12:53:29 +0000 http://patentablydefined.com/?p=67#comment-4763 Dear Tom, Thank you for your comment. To answer your questions in order: 1. Perhaps they are an institutional, well-paying client with many applications in active prosecution in one's office. 2. Remember - the paragraph I offer is just an example. One could just as easily say that they will not pay the Issue fee without instructions and payment. As always, that is within the practitioner's discretion. Dear Tom,

Thank you for your comment. To answer your questions in order:

1. Perhaps they are an institutional, well-paying client with many applications in active prosecution in one’s office.
2. Remember – the paragraph I offer is just an example. One could just as easily say that they will not pay the Issue fee without instructions and payment. As always, that is within the practitioner’s discretion.

]]> By: Jim Berry http://patentablydefined.com/2009/02/17/examples-of-strategic-uses-of-requests-for-continued-examination-rces/comment-page-1/#comment-4762 Jim Berry Sun, 08 Mar 2009 03:43:01 +0000 http://patentablydefined.com/?p=67#comment-4762 Hi Mike, I filed an IDS using a "0" in place of the "D" seen before a design patent number (e.g., used 0887,998 instead of D887,998). In the IDS, I used the "S" kind code to identify it as a design patent and the date and inventor name are correct. The examiner issed the first office action and refused to consider the reference because of the missing "D". The patent number is correct and the "S" makes it clear that it is a design patent. MPEP 609.04(b)(VI.) allows additional time to correct inadvertently omitted info. Do you know of some way I can avoid paying the $180 after first Office Action fee? Hi Mike,

I filed an IDS using a “0″ in place of the “D” seen before a design patent number (e.g., used 0887,998 instead of D887,998). In the IDS, I used the “S” kind code to identify it as a design patent and the date and inventor name are correct. The examiner issed the first office action and refused to consider the reference because of the missing “D”. The patent number is correct and the “S” makes it clear that it is a design patent. MPEP 609.04(b)(VI.) allows additional time to correct inadvertently omitted info. Do you know of some way I can avoid paying the $180 after first Office Action fee?

]]> By: Tom http://patentablydefined.com/2009/02/17/examples-of-strategic-uses-of-requests-for-continued-examination-rces/comment-page-1/#comment-4753 Tom Wed, 18 Feb 2009 18:53:11 +0000 http://patentablydefined.com/?p=67#comment-4753 Why would you advise a client that you will pay the Issue Fee before you receive the funds from the client? I invoice the client and tell them I will pay the fee as soon as I receive the funds. My authorization to pay the fee is receipt of the funds from the client. The default is that the client, by the choice not to pay the fee, is deciding not to proceed. It is rare that the deadline ever approaches without me having the fee in hand. I tell my clients that I am their lawyer, not their bank. Why would you advise a client that you will pay the Issue Fee before you receive the funds from the client? I invoice the client and tell them I will pay the fee as soon as I receive the funds. My authorization to pay the fee is receipt of the funds from the client. The default is that the client, by the choice not to pay the fee, is deciding not to proceed. It is rare that the deadline ever approaches without me having the fee in hand. I tell my clients that I am their lawyer, not their bank.

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