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USPTO Proposal: Accept Applicant’s Independent Prior Art Search as Pre-Examination Search

USPTO Proposal: Accept Applicant’s Independent Prior Art Search as Pre-Examination Search published on No Comments on USPTO Proposal: Accept Applicant’s Independent Prior Art Search as Pre-Examination Search

The USPTO is seeking to implement a pre-examination automated search to assist the start of examination. However, this initiative overlaps with applicants’ earlier search efforts to inform the intake and drafting processes – which the applicant submits as an Information Disclosure Statement… and which examiners routinely disregard.

Instead, the USPTO could identify third-party search vendors that it trusts to provide reliable pre-examination searches. Applicants could choose among these vendors for prior art searching to inform disclosure review and application drafting, and the USPTO could accept the same report (optionally updated based on the filed application) as its pre-examination search. This process yields a variety of advantages – especially the implementation of the USPTO’s pre-examination search with 0% of the cost.
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USPTO Recommendations For Enhancing Patent Quality

USPTO Recommendations For Enhancing Patent Quality published on No Comments on USPTO Recommendations For Enhancing Patent Quality

On February 05, 2015, the Federal Register included a notice requesting the submission of comments about how the USPTO can improve patent quality. Consistent with my last few posts on this topic, I have prepared and submitted a set of comments to the USPTO with the following theme.
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