Description
As part of the Enhanced Patent Quality Initiative and related workflow optimizations, the USPTO has greatly expanded the after-final opportunities for patent applicants. Traditionally, options at the close of patent prosecution were only pre-appeal/appeal or request for continued examination. There are now a number of options to resolve disputes far faster and cost-effectively.
The USPTO launched a new Fast-Track Appeals Pilot program in July 2020, which has been extended several times and ran until July 2, 2023. The USPTO has also extended after-final programs such as the After-Final Consideration Pilot 2.0 program until Sept. 30, 2024. Other USPTO programs encourage direct collaboration between applicants and examiners to increase efficiencies in patent prosecution. Given the array of after-final options now available, it is more important than ever for counsel to understand each option's unique benefits and tactical implications.
Listen as our authoritative panel of patent attorneys discusses the strategic considerations behind each of these options. The panel will briefly explain each option, discuss scenario-based concerns, and explain the relative benefits of the different options.
Presented By
Dr. Doherty has spent the past 20 years assisting clients in the life sciences with a wide range of U.S. patent law issues. Her current work focuses on helping clients develop patent strategies for their research projects, conducting due diligence and freedom to operate analyses, and preparing legal opinions, as well as drafting new patent applications and prosecuting U.S. patent application portfolios. Dr. Doherty has also prepared IPR petitions and assisted a patent owner successfully defend all of its patent claims in an inter partes reexamination before the US Patent and Trademark Office. Coordinating patent and regulatory strategies for new drugs and biologics is also an important aspect of her work. Dr. Doherty is a frequent author and lecturer on patent law topics.
Dr. Song, Ph.D. brings more than a decade’s experience in patent practice, including patent prosecution, client counseling, patent portfolio management & transactions, patent litigation in U.S. federal district courts and Section 337 investigations at the U.S. International Trade Commission (ITC), and post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). She has significant experience in a wide range of electrical, computer, and biomedical technologies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 16, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- The value proposition of various after-final options
- Options if you do not wish to amend: request for reconsideration, pre-appeal, appeal
- Options that allow amendment: amendment after final, AFCP, RCE
- The pilot programs and how effective they are
- Fast-Track Appeals Pilot Program
- After Final Consideration Pilot 2.0 (AFCP 2.0)
- Statistics
- Best practices
The panel will review these and other key issues:
- What options are available to patent counsel upon receiving a final rejection of a patent application?
- What should patent counsel consider when determining if--and which--PTO option to use in response to a final rejection?
- How can patent counsel and applicants leverage the PTO options for compact patent prosecution?
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