Intellectual Property Attorneys - IP Lawyers

USPTO proposes change to examiner count system

As part of the United States Patent Office's plans to improve pendency, decrease rework, and rebalance incentives for examiners, the USPTO has proposed changes to its count system.

Under the proposed changes, first actions on the merits will receive 1.25 counts, more than an RCE presently receives, while Requests for Continued Examination will receive fewer counts than at present. Subsequent RCEs will receive even fewer counts, while a Final Office Action will receive 0.25 counts. By favoring counts earlier in the prosecution, such a count system will incentivize compact prosecution and reduce pendency to a first action. Click through to read the USPTO's entire proposal (PDF). 


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