Q2: Changes in procedure or regulation

Abandon concept of Non-Final / Final

There is a very simple solution to the RCE problem: abandon the concept of a non-final and final office actions. These are hold-overs from the pre-1995 days when delay of prosecution did not eat into patent term. Just allow the applicant as many responses as they want before they either give up or appeal. Adjust the Examiner count (e.g. 0.5 per action) and the fees per response accordingly, perhaps escalating. Often ...more »

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Q2: Changes in procedure or regulation

Modified Provisional Application, to narrow claims before RCE

Here is an idea for a Pilot that we think both the office and the Patent Bar would accept. We believe a modified provisional application process offers the best alternative to fixing RCE and prolonged prosecution and the backlog. RCE serves a purpose but the RCE backlogs are a symptom of a bigger problem and tinkering with the current process might create more downstream issues. Premise**: Would searching the ...more »

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