[Pct] Filing at RO/IB and electing ISA/US - problem

[Carl Oppedahl]

On 11/22/2023 9:00 AM, Andrew Berks via Pct wrote:
> I had a problem earlier this year in another case filed at the RO/IB 
> and electing the ISA/US. First of all, I frequently recommend the 
> ISA/US with small entity clients because the search fee is lower with 
> small entity prices. The problem was that the ISA/US made a unity of 
> invention objection and issued an invitation to pay an additional 
> search fee. The client was OK with this, but this case did not appear 
> on Patent Center/EFSweb/Private PAIR - because it was filed at RO/IB. 
> We had to pay the fee with a credit card form that was faxed, which is 
> really ridiculous. Putting full credit card info on a paper and faxing 
> it is not secure. The fee payment form was clearly marked with what 
> the money was for - the additional search fees.
>
> But the people who do the searching didn't get the message that the 
> additional fees were paid and issued the WOSA without searching the 
> second invention. Bottom line - this bad WOSA was issued in March 2023 
> and as of today (Nov. 21, 2023) this situation is still not resolved.
>
I am sorry Andrew to hear of this service failure at the USPTO. Yes it 
sounds like the ISA/US did not provide all of the services that you paid 
for at the ISA/US.

So yes the question presented is, how can you send communications to the 
ISA/US?  Especially if you filed in an RO that was not RO/US.  This 
brings us to slide number 12 at 
https://www.oplf.com/2023-epct/webinar-14.pdf .   Here is the slide:

Yes, it turns out that the ISA/US is a laggard in this area. Many other 
ISAs (among them, AU, EP, KR, RU and SG) are up to date in terms of 
communications with ePCT.  But not the ISA/US.

If only the ISA/US could become trendy, modern, and up-to-date in this 
area!  If they had, then you could have sent your fee payment (Form 
2038) through ePCT.

I have begged and pleaded with some high-up people within the USPTO to 
become trendy, modern, and up-to-date in this area.  So far I have not 
succeeded.

Here is an important question.  When you sent in the Form 2038, did you 
later see the transaction in Financial Manager?

Carl

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