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

[Andrew Berks]

Yes the transaction showed up Financial Manager and looked normal
there with the correct application no.

Andrew H. Berks, Ph.D., J.D.
Patent Attorney
Berks IP Law PLLC
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New York NY 10005
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LinkedIn <https://www.linkedin.com/in/andyberks/>


On Wed, Nov 22, 2023 at 10:30 AM Carl Oppedahl <carl at oppedahl.com> wrote:

> 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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