[Pct] security review delays (was Re: USPTO - Slower than usual)

[Carl Oppedahl]

On 2/12/2024 5:29 PM, Wanda T. Kellar via Pct wrote:
>
> What has gotten into the USPTO?
>
> [...]
>
> 4)Several PCT applications filed, and 6 months later, they are still 
> under secrecy review.
>
This problem is largely within the practitioner's power to avoid.  
Simply file in RO/IB instead of RO/US.

First, if the invention was not made in the US, you don't need an FFL to 
satisfy US security requirements anyway, so file in RO/IB.

Even if the invention was made in the US, barring some surprise you 
already had an FFL in your US priority document.    That FFL makes it 
okay to file in RO/IB (assuming that you did not add significant new 
matter).

Even if you added significant new matter, just plan ahead by a week or 
two, and file the text of the to-be-filed PCT as a US provisional, and 
likely as not you will seen an FFL in that filing receipt.  If so, then 
that makes it okay to file in RO/IB.  And also gives you a potent 
rules-based-IBR benefit.

See session 14 at 
https://blog.oppedahl.com/the-2022-schwegman-advanced-pct-training/ .  
Free of charge.

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