[Patentpractice] Application sitting unexamined for nearly 3 years

Fri Aug 9 00:25:59 UTC 2024

Hi Katherine,

Ooooh, that is really good to know. Yes, this one has been sitting since
March of 2022, so it sounds like it's a candidate!

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 4:14 PM Katherine Koenig <katherine at koenigipworks.com>
wrote:

> 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
>
>
>
> *Targeted Intellectual Property Strategy*
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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
>
> 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:
>
> 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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