[Patentcenter] USPTO proposed fee increases (was Patent backlogs)

Wed May 1 00:41:43 EDT 2024

How about for fee purposes not counting refs that were reported in the
parent case and thus, by the PTO's own MPEP, the examiner is already
obligated to consider (and that, practically, the examiner has already seen
in the parent case, since continuations usually go to the same examiner)?

DJF

On Wed, May 1, 2024 at 5:56 AM Gerry Peters via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:

> ...also troubling is proposed surcharge based on number of refs
> listed on an IDS (nondiscountable $200, $500, or $800 for up to 100,
> 200, or 200+ refs).
>
> How about not requiring practitioner to inform examiner of all related
> apps filed with very same USPTO at which examiner works, as well as
> all ostensibly material refs cited in those related apps, before
> requiring applicant to pay surcharge for fulfilling duty imposed on
> practitioner by same USPTO?
>
> ---Gerry
>
> Gerry Peters
> U.S. Patent Agent & Japanese Translator
>
> JTT K.K. (OSAKA & TOKYO JAPAN)
> JTT PATENT SERVICES, LLC (NH USA)
> JTT TRANSLATION SERVICES, LLC (NH USA)
> --------------------------------------------------
> TEL +1 206 203 5010     EMAIL   info at jttpatent.com
> FAX +1 206 203 5020     WEB     www.jttpatent.com
>
>
> >> BEGIN MSG ID 20240501113231.cc0ca28b5238aef6307f4932 at jttpatent.com <<
>
> Date: Wed, 1 May 2024 11:32:31 +0900
> From: Gerry Peters <gerrypeters at jttpatent.com>
> To: Patent Center <patentcenter at oppedahl-lists.com>
> Cc: Doreen Trujillo <DTrujillo at vlplawgroup.com>
> Subject: Re: [Patentcenter] Patent backlogs
>
> 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)
> JTT PATENT SERVICES, LLC (NH USA)
> JTT TRANSLATION SERVICES, LLC (NH USA)
> --------------------------------------------------
> TEL +1 206 203 5010     EMAIL   info at jttpatent.com
> FAX +1 206 203 5020     WEB     www.jttpatent.com
>
>
> >> BEGIN MSG ID
> >>
> SJ2PR10MB7581A57A2C30EA0E829DC913A11A2 at SJ2PR10MB7581.namprd10.prod.outlook.com
> >> <<
>
> 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>
>
> [cid:image003.png at 01DA9AF9.699A1210]
> Targeted Intellectual Property Strategy
>
> The information contained in this communication, including any
> attachments, is privileged and confidential information intended only
> for the use of the individual or entity named above.  If you are not
> the intended recipient, or the employee or agent responsible to deliver
> it to the intended recipient, you are hereby notified that any review,
> dissemination, distribution, or copying of this communication is
> strictly prohibited.  If you have received this communication in error,
> do not read it.  Please immediately reply to the sender that you have
> received this communication in error and then destroy all paper and
> electronic copies.  Thank you.
>
>
>
> This message contains information which may be confidential and legally
> privileged. Unless you are the addressee, you may not use, copy or
> disclose to anyone this message or any information contained in the
> message. If you have received this message in error, please send me an
> email and delete this message. Any tax advice provided by VLP is for
> your use only and cannot be used to avoid tax penalties or for
> promotional or marketing purposes.
>
> >> END MSG ID
> >>
> SJ2PR10MB7581A57A2C30EA0E829DC913A11A2 at SJ2PR10MB7581.namprd10.prod.outlook.com
> >> <<
>
> >> END MSG ID 20240501113231.cc0ca28b5238aef6307f4932 at jttpatent.com <<
>
> --
> Patentcenter mailing list
> Patentcenter at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/patentcenter_oppedahl-lists.com
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/patentcenter_oppedahl-lists.com/attachments/20240501/982abd07/attachment.htm>