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Three-Track Examination Proposal: IPO’s Concerns

Three-Track Examination Proposal: IPO’s Concerns. Douglas K. Norman, IPO President. Threshold Issues. The “prioritized examination” option is premised on the PTO’s ability to collect fees that will cover the costs associated with examining prioritized applications

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Three-Track Examination Proposal: IPO’s Concerns

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  1. Three-Track Examination Proposal:IPO’s Concerns Douglas K. Norman, IPO President

  2. Threshold Issues • The “prioritized examination” option is premised on the PTO’s ability to collect fees that will cover the costs associated with examining prioritized applications • The “foreign-based application” provisions would delay examination of applications that claim priority to a foreign application

  3. Prioritized Examination • Setting fees • Guarantees for prioritization • Safeguards • Refunds? • Availability for foreign priority applications • Effects on PPH

  4. Voluntary Delay of Original US Applications • IPO opposes deferred examination • Notice – effects on public and competitors • PCT 30-month delay already available • Alternatives for backlog reduction: partial refund for abandoned applications

  5. Mandatory Delay of Foreign-Based Applications • Gaming potential • Backlog effect would be temporary • May provoke retaliatory measures by other patent offices • Complicates prosecution strategies

  6. Patent Term Adjustment • Unintended consequences • Gaming potential • Difficult to distinguish applicant delays from foreign patent office delays • How to determine “aggregate average time” to first office action? • Variation across Tech Centers, Group Art Units • Will applicants be able to contest the baseline PTA?

  7. Optional IPGO Search • USPTO should focus on its primary mission of searching and examining applications • Concerns • Search quality • Independence of subsequent examiner search • Inference of different tiers for examination quality/patent strength

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