[Patentcenter] QPIDS Bugs

[William Slate]

A question regarding the following message:
The following documents need to be attached:
RCEX - Request for Continued Examination (RCE)
QPIDS.REQ - Quick Path Information Disclosure Statement)
IDS - Information Disclosure Statement
In addition, the RCE submission needs to be attached

Check on the first three. But isn't the "RCE submission" the IDS (inclusive of references that are not US patents or pgpubs)?

Normally, the "RCE submission" could be an amendment, an IDS... But with QPIDS, isn't it just the IDS?


Will


From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> On Behalf Of Scott Nielson via Patentcenter
Sent: Thursday, September 14, 2023 8:35 PM
To: users of Patentcenter <patentcenter at oppedahl-lists.com>
Cc: Scott Nielson <scnielson at outlook.com>
Subject: [Patentcenter] QPIDS Bugs

I found two bugs while filing a quick path IDS (QPIDS). By way of background, a QPIDS must be filed as part of a web-based petition to withdraw from issue. In my case, a patent number had been assigned so it was a web-based petition to withdraw from issue with assigned patent number. On to the bugs.

The QPIDS Document Description Cannot be Found by Typing Keywords in Document Description Field
After uploading the QPIDS IDS form, I tried to find the correct document description by typing various keywords such as "quick" "path" "IDS," etc. in the document description field. Nothing showed up. I eventually decided to use "Transmittal Letter."

Later as I was manually shuffling through the document descriptions while dealing with the second bug below, I stumbled across "Quick Path Information Disclosure Statement." Yeah, it's there, but you must select it manually from the drop-down menu. Typing in keywords will not work. Apparently, when using keywords to find document descriptions, it searches through a list of descriptions that is different than those that are available manually.

Cannot Include Patent Term Adjustment Statement
The PTO says in the QPIDS faqs (Q23 link<https://www.uspto.gov/sites/default/files/documents/qpids_faq.pdf>) that "applicants are encouraged to include a statement under 37 CFR 1.704(d)
so as to avoid a reduction in patent term adjustment pursuant to 37 CFR 1.704(c)(10)."

As some of you may recall, a recent rule mandated that patent term adjustment statements be coded with the correct document description or they might not be given effect. Given this and the statement in the faqs, you would think it would be possible to use this document description when filing a petition to withdraw form issue in Patent Center. Well, you would be wrong! Only certain document descriptions are allowed and "Patent Term Adjustment Statement under 37 CFR 1.704(d) filed with an IDS-PTA.IDS" is not one of them.

The document description shows up as being available when searched by keyword as shown in the following image:

[cid:image001.jpg at 01DA2830.115A4200]

But if you select it, you will receive this error:
[cid:image002.jpg at 01DA2830.115A4200]

I ended up filing the patent term adjustment statement separately from the petition to withdraw from issue. I'm crossing my fingers that won't mess things up.

All software has bugs, but Patent Center is taking it to a new level.

Scott Nielson
801-660-4400
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