The presentation discusses techniques for speeding up the issuance of patents at the US Patent and Trademark Office (USPTO). The presentation focuses on the newly implemented Quick Path Information Disclosure Statement (QPIDS) Program which allows applicants to submit Information Disclosure Statements (IDSs) without the expense and delay of submitting a Request for Continued Examination (RCE). The presentation discusses requirements of the program as well as illustrates possible outcomes using the QPIDS.
3. Speeding Up Issuance
• Quick Path Information Disclosure Statement
(QPIDS)
– May eliminate the need for (and expense of) a
Request for Continued Examination (RCE) for an
Information Disclosure Statement (IDS) filed
after payment of the issue fee.
• QPIDS Limits
– Only available after you pay the issue fee
– Must be able to make a certification under 37
CFR 1.97(e)
4. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
•Old Way
Issue Fee
Paid
Petition to
Withdraw
RCE IDS
Issuance
5. Quick Path Information Disclosure Statement
• Transmittal
PTO/SB/09
• IDS with 1.97(e)
Statement
• Petition to Withdraw
(Web Based)
• RCE & Fee
• Authorization to
Charge QPIDS Fees
to Deposit Account
6. Quick Path Information Disclosure Statement
• Certification Under
1.97(e)
– (1) Cited 1st
in Foreign
Counterpart
Application within 3
Months
– (2) Not Known of
Before within 3
Months
7. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
•New Way
Issue Fee
Paid
Petition to
Withdraw
RCE
(Conditional)
IDS
Issuance
QPIDS
Request
Notice of Allowability
8. Quick Path Information Disclosure Statement
Way for the Examiner to Consider an IDS After
Payment of the Issue Fee
•New Way
Issue Fee
Paid
Petition to
Withdraw
RCE
(Conditional)
IDS
Issuance
QPIDS
Request
Notice
Reopen
9. Quick Path Information Disclosure Statement
• QPIDS extended to September 30, 2013
• More information on QPIDS
– Main Web Page
http://www.uspto.gov/patents/init_events/qpids.jsp
– Quick Start Guide
http://www.uspto.gov/patents/init_events/qpids_qsg.p
df
– FAQ
http://www.uspto.gov/patents/init_events/qpids_faqs.p
df
10. Speeding It Up at
the USPTO
July 23, 2013
Copyright 2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP