As part of Strafford Publications’ webinar series, Bayes partner Mandy Song was joined by Justin Cassell, Shareholder at Workman Nydegger, to discuss USPTO options for responding after final rejection of a patent application. The program reviewed the basics of each option, discussed scenario-based considerations, and explored relative benefits.
In Sept. 2017, the USPTO announced that the After-Final Consideration Pilot 2.0 program is extended until Sept. 30, 2018. Other USPTO programs encourage direct collaboration between applicants and examiners to increase efficiencies in patent prosecution.
As part of the Enhanced Patent Quality Initiative and related workflow optimizations, the USPTO has greatly expanded the after-final opportunities for patent applicants. Where traditional options at the close of patent prosecution were limited to pre-appeal/appeal or request for continued prosecution, there are now a number of options to resolve disputes far faster and cost-effectively, including the after-final consideration pilot program. Given the array of after-final options now available, it is more important than ever for counsel to understand the unique benefits and tactical implications of each option.
For more information or the recorded program, please visit Strafford Publication’s website. For a copy of the presentation, please contact Mandy Song.