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

Carl Oppedahl carl at oppedahl.com
Tue Nov 28 09:44:52 EST 2023


Can you click on the "unsubscribe" link at the bottom of the offending 
email message?

On 11/28/2023 7:19 AM, Jana Sanders wrote:
>
> Can someone please remove Sarah Lau from this email distribution list 
> as she has retired and is no longer at this email address.
>
>
> 	
>
> Best Regards,
>
> Jana Sanders, /Senior Paralegal/
>
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> *From:* Pct <pct-bounces at oppedahl-lists.com> *On Behalf Of *Andrew 
> Berks via Pct
> *Sent:* Wednesday, November 22, 2023 4:38 PM
> *To:* Carl Oppedahl <carl at oppedahl.com>
> *Cc:* Andrew Berks <andrew at freship.com>; for users of the Patent 
> Cooperation Treaty <pct at oppedahl-lists.com>
> *Subject:* Re: [Pct] Filing at RO/IB and electing ISA/US - problem
>
> They are still working on it. Some time in April they said yes we made 
> a mistake we'll redo the WOSA, but then they didn't issue it until 
> October, and they still didn't search the second invention. I advised 
> the client to drop it and file Art 34 amendments and a demand, but the 
> client called the PCT help desk and apparently they promised to redo 
> the search report a third time. Some may find it hard to believe but 
> many clients actually take these patents seriously!
>
> The 30 mo. date is in March, so the IPRP will probably issue after the 
> 30 mo. date. FYI if you want to see the case its WO 2023/042178 A2.
>
> Thanks,
>
> 	
>
> *Andrew Berks, Ph.D., J.D.**| Partner*
>
> *Patent Attorney and IP Licensing*
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> On Wed, Nov 22, 2023 at 3:36 PM Carl Oppedahl <carl at oppedahl.com> wrote:
>
>     Yeah.  So there's no real question the USPTO failed to do what you
>     paid the USPTO to do.
>
>     So next steps.  Did you already call the PCT Help Desk?  If so,
>     what happened next?
>
>     On 11/22/2023 10:44 AM, Andrew Berks wrote:
>
>         Yes the transaction showed up Financial Manager and looked
>         normal there with the correct application no.
>
>         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.
>
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