The United States Apparent and Trademark Office appear today that they would be automating the filing of and accommodation authoritative action for eight patent- accompanying abode types through a new e-Petition system. The eight apparent accompanying abode types awning about one-third of the assignment of the Petitions Office and accompany two added types of apparent petitions that are already absitively electronically – petitions to accomplish appropriate on the base of age and petitions to acquire accidentally delayed acquittal of the aliment fee.
The eight apparent accompanying abode types include:
“We’ve heard complaints that it takes too continued to get a accommodation from the Petitions Office,” said Beneath Secretary of Commerce for Intellectual Acreage and Director of the USPTO David Kappos. “To abode this issue, we’re processing and arising added abode decisions electronically, which will bear bigger account to apparent applicants and advice advance ability at the USPTO.”
The automated abode action uses the USPTO’s new e-Petition system. With e-Petition the abstracts is ascribe through a defended web interface and the abode is absitively automatically, eliminating months of cat-and-mouse for these types of petitions to be docketed, absitively and uploaded into Public PAIR (Patent Appliance Information Retrieval).
Recently I wrote about how an alone who I accurately beneath to represent filed a Ability of Advocate allotment me as the representative. See Change Needed to USPTO Ability of Advocate Form. I accept to admiration whether an automatically absitively abode would accept been at all effective. Yes, a abode to abjure is one of those types of petitions that one can now use e-Petitions to file, but there are 3 specific certifications that charge to be fabricated on a abode to withdraw. They are:
There is a admonishing afore these statements on the anatomy explaining, “If a box is larboard unchecked, the appeal will acceptable not be approved.” So if these petitions are activity to be bent automatically my assumption is that not blockage all three boxes would aftereffect in a denial. The trouble? Back a applicant files a ability of advocate after your permission and with you alive annihilation about the case you cannot analysis all 3 boxes in an honest way because you don’t apperceive annihilation about the case, and because the being was never a client.
According to the Apparent Office, petitioners will accept added ascendancy over back their petitions are filed and answered. This is abnormally advantageous for analytical petitions, such as petitions to abjure from issue. Electronic abode decisions will additionally abatement the charge for renewed petitions and abate the account of petitions apprehension decision, absolution up assets currently acclimated to adjudge these eight types of petitions.
I can absolutely see the account to accepting an automated arrangement breadth petitions are commonly accepted if assertive boxes are arrested and statements made, and I am in favor of any and all efforts to accumulate the apparent process. Streamlining is acceptable for innovators, apparent attorneys and for the Apparent Office. It will acquiesce the USPTO to do added with the assets they accept and should abbreviate the breadth of time an appliance charcoal pending. Such a arrangement will additionally chargeless up the agents in the Office of Petitions to focus on added petitions. Notwithstanding, I admiration what will become of automated petitions that are denied. Presumably if the automated abode gets denied there will be some way to challenge, but will you wind up in some authoritative atramentous aperture breadth the taint of an automated abnegation becomes difficult to purge? Probably not, but this is article to watch.
For added capacity on e-Petitions, amuse see the Frequently Asked Questions at http://www.uspto.gov/patents/process/file/efs/guidance/ePetition-FAQs.jsp.
For non-press inquiries, acquaintance Anthony Knight at [email protected]
Gene Quinn is a Apparent Advocate and Editor and architect of IPWatchdog.com. Gene is additionally a arch academician in the PLI Apparent Bar Review Course and an advocate with Widerman Malek. Gene’s specialty is in the breadth of cardinal apparent consulting, apparent appliance drafting and apparent prosecution. He consults with attorneys adverse appropriate procedural issues at the Apparent Office, advises investors and admiral on apparent law changes and awaiting action matters, and works with start-up businesses throughout the United States and about the world, primarily ambidextrous with software and computer accompanying innovations. Gene is accepted to convenance law in New Hampshire, is a Registered Apparent Advocate and is additionally accepted to convenance afore the United States Court of Appeals for the Federal Circuit. CLICK HERE to accelerate Gene a message.
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