1

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another patent based on this one, in which he broadens the original patent implementation. The new patent got a final rejection, but now the applicant initiated interview summary which means he is going to continue the patent application. I have a few question:

  1. Since the timeline is 9 months +10 days, PGR is out of the question? (for the original patent)
  2. Can I file a third party preissuance, if it got a "final rejection"? does the process of patent "restarts" in someway?
  3. Does anyone of my actions on the "continued" patent can affect in someway on the original patent?

Thank you, and forgive my language as English is not my native language

0

Since the timeline is 9 months +10 days, PGR is out of the question? (for the original patent)

You did't mention the country in your question. If it is US then there is still a chance to file IPR (Inter partes review) or choose a less expensive Exparte pathway.

Can I file a third party preissuance, if it got a "final rejection"? does the process of patent "restarts" in someway?

In US Under 35 U.S.C. 122(e), such submissions may be made before (1) the later of (i) 6 months after the date of publication or (ii) the date of a first Office action on the merits rejecting any claims, or (2) before the date of a notice of allowance, if earlier. Section 122(e) also provides for such fees as the Director may prescribe.

Does anyone of my actions on the "continued" patent can affect in someway on the original patent?

NO

  • Thank you! As for question 2, I read this paragraph on USPTO website, but couldn't understand exactly, does it means I can file a preissuance even a day before the "date of a notice of allowance"? Also do you know if continued applications usually take less time to be approved? or are they treated like normal applications? – mojoman Feb 27 at 15:24
  • Yes, you can file third party observations even before the issuance of notice of allowance, the continued application are also examined the same way. – RishiM Feb 27 at 15:44
  • If there is rejection, unless it is within 6 months of publication, it is too late to file under 122(e). – George White Feb 27 at 20:28

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.