[Pct] Another reason to file PCT cases in RO/US not RO/IB

[Andrew Berks]

I just looked at the slides Carl Oppedahl sent out regarding which
Receiving Office to pick (talk given on Nov. 14).

A factor that Carl didn't mention is that cases filed at RO/IB do not
appear in Patent Center, so if you want to file a Demand (Art. 34
amendments), which are filed with the International Preliminary Examining
Authority, it becomes difficult assuming you want to file the Demand at
IPEA/US. I had a big problem a few years ago filing a Demand with a case
filed at RO/IB where I used ISA/US, so now I generally file at RO/US, since
most of my cases use the ISA/US and IPEA/US.

I am fond of filing Demands. My research on this shows there is a good
chance that claims found not novel or inventive can be found novel and
inventive after filing a Demand with arguments and claim amendments.

This is really a Patent Center issue. Any case where IPEA/US is possible
should be accessible in Patent Center, but it appears to me that only PCT
cases filed at RO/US are accessible in Patent Center.


Andrew H. Berks, Ph.D., J.D.
Patent Attorney
Berks IP Law PLLC
85 Broad St 17th Fl
New York NY 10004 (US)
mobile: +1 845-558-7245 <http://voice.google.com/calls?a=nc,%2B18455587245>
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