[Patentpractice] astonishing slowness from "helpaia"
Timothy Snowden
tdsnowden at outlook.com
Thu Oct 9 18:29:47 UTC 2025
Same here. I always regret when I forget
On 10/9/2025 1:17 PM, David Boundy via Patentpractice wrote:
> Ditto. Once I got a Notice of Abandonment six months after I replied
> to a Missing Parts on the same day. Look at the IFW. As sorted,
> applicant-filed stuff sorts BELOW (older than) examiner-filed stuff on
> the same day. So, like Patent Lawyer, no matter how trivial the
> change or how irritated I am at a STOOOPID request, I always wait a day.
>
> On Thu, Oct 9, 2025 at 1:36 PM Patent Lawyer via Patentpractice
> <patentpractice at oppedahl-lists.com> wrote:
>
> Carl,
>
> Your story reminded me of one of my practice tips (to myself).
>
> You said _you filed a response the same day you received the
> notice_(Form M327).
>
> In my experience, it is those same-day responses that get lost at
> the PTO. They don’t seem to be able to match an incoming
> applicant paper as a response to an outgoing PTO paper of the same
> date. It does not matter what I titled the paper (I think there’s
> a required title). This problem predates Patent Center.
>
> I have had this problem with missing parts notices (especially if
> they want more than fees), and these after-issue-fee or
> after-allowance drawing problems. Even if they take the fees
> (which they always do), the do not match the papers.
>
> So, as pissed off as I get from these after-issue-fee drawing
> notices (especially in US national phase applications), and as
> easy and therapeutic as it might be to respond, if I remember, I
> wait at least one day before filing a response.
>
> *From: *Patentpractice <patentpractice-bounces at oppedahl-lists.com>
> on behalf of Patentpractice Patentpractice
> <patentpractice at oppedahl-lists.com>
> *Reply-To: *Patentpractice Patentpractice
> <patentpractice at oppedahl-lists.com>
> *Date: *Thursday, October 9, 2025 at 12:02 PM
> *To: *Patentpractice Patentpractice
> <patentpractice at oppedahl-lists.com>
> *Cc: *Carl Oppedahl <carl at oppedahl.com>
> *Subject: *[Patentpractice] astonishing slowness from "helpaia"
>
> Wow. You can send an email to helpaia at uspto.gov and if you do, it
> won't get ignored. It will actually get answered. But it will
> take five months to get the answer. Here is how it went.
>
> We paid the Issue Fee in one of our cases on March 3, 2025, and as
> so often happens these days, it was */after I paid the Issue Fee/*
> that somebody in the Issue Branch got all wound up about how
> supposedly our drawings were defective. A Form M327 arrived on
> March 7, 2025, telling me that two of my figures were defective.
>
> Never mind that the Application Branch people whose job it is to
> pipe up if something is wrong with the drawings did not find
> anything wrong with the drawings back when they were deciding
> whether or not to mail out a Filing Receipt (back in August of 2022).
>
> Never mind that the USPTO people who do 18-month publication did
> not find anything defective about the drawings and were able to
> carry out the 18-month pub.
>
> Never mind that when the Examiner examined the case, the Examiner
> was able to figure out whether or not the case was patentable
> without the quality of the drawings getting in the way.
>
> But anyway yes once we had paid the Issue Fee, somebody in the
> Issue Branch found a real or imagined defect in two or our
> figures. And I filed a detailed response (later the same day, on
> March 7, 2025) explaining why there was nothing wrong with those
> figures. (I suspected it was a problem arising out of the fact
> that the USPTO system mangles drawings when placing them into IFW,
> because the drawings were perfectly clear in SCORE but were
> mangled in IFW.) And many weeks passed with no word back from
> anybody at the USPTO as to whether our case was going to go
> abandoned (as threatened) due to the supposedly defective drawings.
>
> This was back in the days when you could pick up the phone and
> dial the AAU and it would only take an hour or two to reach a
> human being.
>
> Anyway whatever the problem was, I had phoned up the AAU twice
> (the second time on April 7, 2025) and the AAU persons had not
> meaningfully assisted. And so on April 30, 2025 I sent the email.
>
> (As an aside, I cannot now recall how I stumbled upon
> helpaia at uspto.gov as a place to go to try to get help.)
>
> Anyway, I guess whoever the nameless person was in the Issue
> Branch who had gotten wound up about this, that person maybe
> eventually paid attention to my detailed response and decided to
> release the hold on the to-be-issued case, because the patent did
> eventually issue on June 18, 2025.
>
> Anyway, here is the astonishing thing. Today, October 9, 2025 I
> received a response to the "helpaia" email. It came from
> "helpaau at uspto.gov" <mailto:helpaau at uspto.gov> which is not the
> same email address, but it quoted my April 30 email so it is clear
> it was in response to my email that I sent to "helpaia".
>
> There are several learning opportunities floating around in this
> odd sequence of events.
>
> First, apparently helpaia at uspto.gov is a real thing and does
> really reach human beings somehow. I suppose every practitioner
> should add this to their bag of tricks in case it might some day
> be helpful.
>
> Second, we note that it took more than five months for this email
> to elicit a response.
>
> Have you used helpaia? Did it work for you?
>
> --
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>
>
>
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