Patent Law Updates | New Statutes, Regulations and Rules

April 20, 2012

USPTO to Test New Post Final Rejection Option

After Final Consideration Pilot
USPTO No. 12-23, 4/2/2012

USPTO to Test New Post Final Rejection Option

The United States Patent and Trademark Office (USPTO), as part of its on-going efforts towards compact prosecution and increased collaboration between examiners and stakeholders, has announced the start of the After Final Consideration Pilot (AFCP).

The After Final Consideration Pilot (AFCP) is part of the USPTO’s on-going efforts towards compact prosecution and increased collaboration between examiners and stakeholders.

“Compact prosecution is one of our top goals,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO, David Kappos. “The AFCP pilot will allow some additional flexibility for applicants and examiners to work together in after final situations to move applications toward allowance.”

AFCP authorizes a limited amount of non-production time for examiners to consider responses filed after a final rejection.  USPTO seeks to determine if authorizing this time will increase the number of applications that are allowed at that point in prosecution and reduce the number of Requests for Continued Examination (RCEs).

For utility, plant and reissue applications, the limited amount of time is three hours; for design applications, one hour. Examiners will be encouraged to use their professional judgment to decide whether a response can be fully considered, including any additional search required, within the time limit in order to determine whether the application is in condition for allowance.

Also See:

First-of-Its-Kind Settlement between NY and Patent Troll Establishes Guidelines to Prevent Deceptive and Exploitative Patent Assertion Conduct

House Passes Innovation Act to Make Reforms to Patent System

Bipartisan Bill Introduced to Protect Businesses From Patent Lawsuit Abuse

Demand Letter Transparency Act to Tackle Growing Problem of Patent Trolls

FTC Finalizes Amendments to the Premerger Notification Rules Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical Industry

The most advanced document                
         management system in the world.

Only $59 / person / month
FeaturesLawLoop Demo
FeaturesWelcome to the Future
Play LawLoop Demo

Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Samsung Electronics America, Inc.

Stryker Corp.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

Johnson & Johnson, Inc.

United States Patent and Trademark Office

Honeywell International, Inc.

HT Window Fashion Corp.

Mylan Laboratories, Inc.

Mylan Pharmaceutical, Inc.

Ortho-McNeil Pharmaceutical, Inc.

Acumed, LLC

Stryker Sales Corp.

Teva Pharmaceuticals USA, Inc.

Glamourmom LLC

Audiovox Communications Corp.

McKesson Information Solutions, Inc.

Stryker Orthopaedics

Target Corp.

Bridge Medical, Inc.

Howmedica Osteonics Corp.

Kohl’s Department Stores, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

J.C. Penney Company, Inc.

Waters Corp.

LG Electronics, Inc.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

Association for Molecular Pathology

Quanta Computer, Inc.

Federated Department Stores

Egyptian Goddess, Inc.

Swisa, Inc.

K-Mart Corp.

Motorola, Inc.

Dror Swisa

Sears Holding Corp.

Ranbaxy, Inc.

Nokia, Inc.

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Prometheus Laboratories, Inc.

SmithKline Beecham PLC

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

Sanyo North America Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Scimed Life Systems Inc.

Additional Resources

Patent Law

Further Reading in Patent Law

Other Recent Summaries

Recent Expert Legal Commentaries