An application data sheet (ADS) is a document that provides the bibliographic data for an application to the USPTO. The USPTO prefers, but does not require, the use of an ADS. An ADS can be advantageous, however, because it tends to reduce errors in the conversion/recordation of application data into the USPTO’s official electronic data…
Category: Prosecution Strategy
Exercise Care When Selecting International Searching Authorities
The USPTO recently published a Notice to applicants filing applications under the PCT in the United States Receiving Office (RO/US) to exercise care in selecting a competent International Searching Authority (ISA) for claimed subject matter. The USPTO reminds applicants that: (1) the EPO will not act as an ISA/IPEA for applications with one or more…
An Interesting Perspective Of The USPTO From The Inside
Gene Quinn of IPWATCHDOG.COM has a troubling an interesting post about the USPTO from the inside. For anyone curious as to why the allowance rate has dropped below 50% (it is presently at 42%), and why the quality of examination has declined so much in recent years, I recommend taking a few minutes to read…
How To Respond To Enablement Rejections – Part I
This post is the first of a two-part series on the enablement requirement. This first installment discusses some of the fundamentals of the requirement, relevant law, and the standards for compliance. The second installment will provide examples of responses to enablement rejections. The Basis for the Enablement Requirement The enablement requirement arises from the first…
Examples Of Strategic Uses Of Requests For Continued Examination (RCEs)
This is the second part of a two-part discussion of RCEs and the submission requirement. In my earlier post here, I discussed legal principles about RCEs and some RCE strategy. This post presents and discusses some additional strategic uses for RCEs beyond reopening/continuing prosecution after a final Office action. An RCE can be used to…