Israel:
USPTO Notable News – The USPTO Is Moving To Digital Patent Grants
28 March 2023
JMB Davis Ben-David
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The USPTO has recently announced that as of April 18, 2023, it will
no longer be issuing paper granted patents. Instead, the USPTO will
be transitioning to issuing certified electronic granted patents
(eGrants). The eGrant will be the official statutory patent grant
and will be available the day the patent is issued, as opposed to
the paper patent, which was usually received weeks thereafter due
to typical mail delays.
In US patent practice, a continuing patent application
(divisional, continuation, or continuation-in-part) can be filed
until the day before the allowed patent issues. Whereas in the past
we typically received notice of patent issue a few weeks
beforehand, thereby providing our clients a relatively long time to
make any final continuing application filing decisions, it is
currently unclear when we would receive the issue notification in
relation to the new eGrant. Although we will likely still receive a
notice of issuance, the total time between payment of the issue fee
and patent issue will likely be much shorter than has been
previously.
Given the above, come April 18th, our recommendation is to file
any continuing patent application, either by the time of payment of
the issue fee or within the immediate days thereafter to ensure
that the continuing patent application is timely filed.
Please be in touch if there are any questions about the
USPTO's new eGrant or the timing for filing a continuing
application.
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.
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