[Patentpractice] Application sitting unexamined for nearly 3 years

[Krista Jacobsen]

Thanks, Timothy. Unfortunately, there are no PCT applications here, and
they're just US nonprovisionals. And the inventors are too young to qualify
for the >65 provision.

Good times. It is amazing how some art units manage to examine applications
almost immediately, and others take years. I have had multiple regular
nonprovisional applications issue within a year of filing and others that
just sit.

Best regards,
Krista

------------------------------------------
Krista S. Jacobsen
Attorney and Counselor at Law
Jacobsen IP Law
krista at jacobseniplaw.com
T:  408.455.5539
www.jacobseniplaw.com


On Thu, Aug 8, 2024 at 3:30 PM Timothy Snowden via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> Call AAU and Ombudsman. If any are national phase call PCT Help Desk. It's
> a 50-50 chance something happens, but it does happen enough that we keep
> doing it.
>
> In the off-chance an inventor is >65, there's always that option.
> If by any chance you have positive claims in another patent office, you
> can also use PPH – that has been really fast lately (sometimes faster than
> Track1).
>
> All that said – I feel your pain. We're having this a lot. Examiners have
> been sympathetic but largely hand-tied by strict new internal rules on
> picking up applications in order of filing date, with some telling me that
> weekly they get new applications assigned that have filing dates earlier
> than cases that have been on their docket for 6 months.
>
> ------------------------------
> *From:* Patentpractice <patentpractice-bounces at oppedahl-lists.com> on
> behalf of Krista Jacobsen via Patentpractice <
> patentpractice at oppedahl-lists.com>
> *Sent:* Thursday, August 8, 2024 4:20 PM
> *To:* For patent practitioners. This is not for laypersons to seek legal
> advice. <patentpractice at oppedahl-lists.com>
> *Cc:* Krista Jacobsen <krista at jacobseniplaw.com>
> *Subject:* [Patentpractice] Application sitting unexamined for nearly 3
> years
>
> Hi all,
>
> A client filed its first application in November 2021 and has since filed
> two more. All of them are just sitting there:
> [image: image.png]
> Other than filing continuations on Track 1 (which, I learned, can result
> in the Track 1 examiner grabbing the originally-filed application and
> examining both at the same time), is there any trick to getting the USPTO
> to move them along?
>
> I feel bad for the client, which is a small company that would like to get
> some patents to help with funding. The prospect of PTA doesn't help them at
> this point.
>
> Thanks in advance.
>
> Best regards,
> Krista
>
> ------------------------------------------
> Krista S. Jacobsen
> Attorney and Counselor at Law
> Jacobsen IP Law
> krista at jacobseniplaw.com
> T:  408.455.5539
> www.jacobseniplaw.com
> --
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>
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>
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