This blog post is the author's opinion and is for educational and informational purposes only. It provides general information and a general understanding of the law, but does not provide specific. Software-based medical devices that focus on "data processing" can be patented.
However, a patent practitioner should exercise care when drafting such claims. Trademarks Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries.
Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Register For News Alerts.
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Please see the notice published in the Federal Register at 78 Fed. As was the case with the AFCP, examiners will continue to use their professional judgment to decide whether the response can be fully considered under AFCP 2. This will include determining whether any additional search is required and can be completed within the allotted time, in order to determine whether the application can be allowed.
As always, the option to request an interview with the examiner, consistent with MPEP , is available to you irrespective of whether the submission was considered under AFCP 2. If you are considering filing a response to a final rejection under 37 CFR 1. The request must include a certification that the applicant qualifies for either small or micro entity status and an executed Application Data Sheet ADS meeting the requirements of 37 CFR 1.
The pilot is open to: non-continuing, original, nonprovisional utility or plant patent applications filed with an acceptable request to participate original, nonprovisional utility or plant applications making a benefit claim under 35 U.
The fees set forth in 37 CFR 1. Save the form and upload it via our patent electronic filing system, EFS-Web. The pilot is effective upon the publication of the notice in the Federal Register. Note, the initial published notice erroneously stated that the effective date was July The effective date is May The USPTO may extend the pilot program with or without modifications or terminate it depending on the workload and resources needed to administer the program, feedback from the public, and the effectiveness of the program.
Information on these items are available at www. Why does the Fast-Track Appeals Pilot Program have a limit on the number of ex parte appeals entered into the pilot program? The Fast-Track Appeals Pilot Program is limited to granted petitions per quarter for the duration of the pilot program. How will I know if the program limits have been reached? How is the quarterly limit of granted petitions counted?
My appeal has been granted fast-track status under the pilot program. My appeal has been granted fast-track review under the pilot program. If I file a request for continued examination RCE , will the case remain expedited for further prosecution? Fast-track status ends when: 1 the Director or the PTAB enters a remand order; 2 the PTAB enters a final decision, and judicial review is sought or the time for seeking judicial review has expired; 3 an express abandonment is filed and recognized by the USPTO; 4 a RCE is filed; 5 the PTAB enters an order of dismissal; or 6 the appellant reopens prosecution, including in response to a new ground of rejection entered in a decision of the PTAB.
May I request an oral hearing if my ex parte appeal is accorded fast-track status? If I cannot attend the scheduled oral hearing, can the hearing be rescheduled and my appeal remain in the pilot program?
An appellant may not request to reschedule an oral hearing and remain in the Fast-Track Appeals Pilot Program. An appellant who does not wish to attend the scheduled hearing at the designated place may request to attend the hearing by video or telephone, in accordance with current PTAB hearing procedures.
An appellant may also waive the hearing and continue participation in the Fast-Track Appeals Pilot Program. An appellant who desires to reschedule the place, date, or time of the oral hearing may opt out of the Fast-Track Appeals Pilot Program, thereby regaining the ability to reschedule or relocate the hearing as per ordinary PTAB hearing procedures.
If an appellant opts out of the Fast-Track Appeals Pilot Program, the appellant will not be entitled to a refund of the petition fee.
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