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Darin Gibby

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Fixing the RCE Backlog Problem

Fixing the RCE Backlog Problem

February 12, 2013 by Darin Gibby

The frustration with the RCE backlog has finally gotten patent office attention.  Here’s your chance to include your comments.  http://www.uspto.gov/blog/director/entry/wanted_your_ideas_and_feedback.

In think one major issue is that when you file an amendment and think you’ve clearly distinguished over the cited art, the examiner throws back a bogus 103 rejection and forces you to amend and file an RCE.  Personal interviews can help with this, but that’s really expensive.  I think an examiner should be required to call the applicant if the claims are close and try to work something out.  That would go along way to reducing the backlog.

Filed Under: Patents

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