[Patentpractice] Application sitting unexamined for nearly 3 years

Thu Aug 8 22:14:04 UTC 2024

Hi Krista,

I called the Ombudsman’s Office about an application that had been sitting in DOCKET CENTRAL for a little over a year, and was told they can sometimes help move the application along – but not until it’s been in central for at least 2 years.  Sounds like maybe they could help this one since it’s been there so long.  Fingers crossed for you!

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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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Krista Jacobsen via Patentpractice
Sent: Thursday, August 8, 2024 5:47 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: Re: [Patentpractice] Application sitting unexamined for nearly 3 years

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<mailto:krista at jacobseniplaw.com>
T:  408.455.5539
www.jacobseniplaw.com<http://www.jacobseniplaw.com>

On Thu, Aug 8, 2024 at 3:30 PM Timothy Snowden via Patentpractice <patentpractice at oppedahl-lists.com<mailto: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<mailto:patentpractice-bounces at oppedahl-lists.com>> on behalf of Krista Jacobsen via Patentpractice <patentpractice at oppedahl-lists.com<mailto: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<mailto:patentpractice at oppedahl-lists.com>>
Cc: Krista Jacobsen <krista at jacobseniplaw.com<mailto: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:
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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<mailto:krista at jacobseniplaw.com>
T:  408.455.5539
www.jacobseniplaw.com<http://www.jacobseniplaw.com/>
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