[Patentcenter] Patent backlogs

[Gerry Peters]

Doreen writes:
> Maybe the USPTO should put a hold on the fees for alleged
> “late-filed” continuing applications (filed more than five years
> after the earliest benefit date) until they get this sorted out.

Hadn't heard about that (I know: I _do_ live in a cave...by choice <g>).
Seriously, thanks for mentioning it. 

Now I know:
$2,200 "late-filed" surcharge (large entity) if filed more than five
years after earliest benefit date. $3,500 "late-filed" surcharge (large
entity) if filed more than eight years after earliest benefit date
(proposed rulemaking by PTO for fee changes to be implemented in 2025).

Yikes ... is reminiscent of Tafas v. Dudas:

https://ipwatchdog.com/2012/08/21/tafas-v-dudasdoll-5-years-later-but-still-very-pertinent/id=27526/

---Gerry

Gerry Peters
U.S. Patent Agent & Japanese Translator

JTT K.K. (OSAKA & TOKYO JAPAN)
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Date: Tue, 30 Apr 2024 16:24:59 +0000
From: Doreen Trujillo via Patentcenter <patentcenter at oppedahl-lists.com>
To: "For bug reports, feature requests, and tips and tricks about
Patent Center." <patentcenter at oppedahl-lists.com> Cc: Doreen Trujillo
<DTrujillo at vlplawgroup.com> Subject: Re: [Patentcenter] Patent backlogs

Thanks, Katherine!

Maybe the USPTO should put a hold on the fees for alleged "late-filed"
continuing applications (filed more than five years after the earliest
benefit date) until they get this sorted out.

Doreen

[cid:image002.png at 01DA9AF9.699A1210]
Doreen Y. Trujillo
Partner | VLP Law Group LLP
Southeastern Pennsylvania| Blue Bell, PA
Office: +1 (267) 358-6839
Email: dtrujillo at VLPLawGroup.com


From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> On Behalf
Of Katherine Koenig via Patentcenter Sent: Tuesday, April 30, 2024
11:41 AM To: users of Patentcenter <patentcenter at oppedahl-lists.com>
Cc: Katherine Koenig <katherine at koenigipworks.com>
Subject: [Patentcenter] Patent backlogs

I just called the AAU to ask the status of two applications that have
been in Central Docket since 2022.  The AAU representative told me
they're instructed to transfer these inquiries to the Ombuds Office so
they can help these old applications get "unstuck."  When I spoke with
the Ombuds Office, I was told that they won't do anything to advance
applications until they've been with Central Docket for at least 24
months, and even then, action can take several more months.

This apparently is because the USPTO is down "thousands of Examiners"
and is actively recruiting to bring the numbers back up.  I'd never
heard the hard 24-month guidance, so wanted to pass it along - you'll
likely be wasting your time if you call about an application that's
been sitting for a shorter time than that.  If this saves someone a
30-minute hold with AAU (why do they still play the AIA message from
2012?), I've done my good deed for the day.

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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