On Monday 11 July, USPTO announced a new pilot program (P3),
intended to boost the prosecution efficiency. Under the P3 program,
an applicant can file a request for consideration after final
rejection, statement that he is willing and available to
participate in the event, along with copy of response to a final
rejection, and optionally proposed non-broadening amendment to the
one or more claims. The program provides an opportunity to the
applicant to make an oral prosecution to a panel of examiners, and
then receive a written decision from the panel.
Duration of the initiative:
The P3 pilot is scheduled to start from 11 July 2016 and will
continue till earlier of 12 January 2017 or receipt of 1,600
compliant requests by USPTO. There are multiple technology centres
involved in this initiative and one or more of them shall stop
accepting further requests as soon as their counter reaches
To participate in the P3 pilot program, applicant has to file a
request within 2 months from the mailing date of final rejection,
and before applying a notice of appeal. USPTO is providing facility
to the applicant, to present an oral presentation to a panel of 3
examiners, during the conference. To apply for P3 Pilot program the
requirements are as follows:
A statement within the Request Form
that the applicant is willing and available to participate in a P3
conference with the panel of examiners;
A response under 37 C.F.R. 1.116
comprising no more than 5 pages of arguments (exclusive of
amendments) to final rejection; and
Optionally a proposed non-broadening
amendment to one or more claims.
There is no fee required to participant in the program. The goal
of the P3 pilot program is to reduce the number of appeals take to
patent trial and appeal board. It will also hopefully reduce the
request for continued examination (RCE) filing after final
The USPTO is also requesting comments from the public, and
suggestion to improve the prosecution process. The patent office
plans to evaluate the public feedback to the pilot program so as to
achieve its goals. Comments and suggestion can be sent by email on:
afterfinalpractice@USPTO.gov, or by post to: USPTO, mail stop
comments patents, office of commissioner for patents, P.O. Box
1450, Alexandria, VA 22313 – 1450. View the USPTO Notice for
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).