3
votes
Accepted
Examiner ignores inventor's arguments against his owns
First, call the supervisor (SPE). His/her name and number should be listed at the end of each office action. Most likely the SPE will set up an interview with you, the examiner and the SPE.
During ...
- 469
3
votes
How do patent offices assure examiners are qualified to examine a patent?
They are all required to have at least a B.S in a science or engineering field but are not necessarily assigned to their specific expertise. Much of the subject matter education is on the job.
...
- 28.6k
2
votes
misinterpretation of key word by examiner
Eric Shain provides a good answer which can work. There is a risk associated with that route, though: you might upset the examiner by going over his/her head. At the end of the day, if going to the ...
- 237
2
votes
misinterpretation of key word by examiner
I'm not a lawyer, but during the prosecution of one of my patents, the examiner was clearly misinterpreting some prior art. Sort of the equivalent of saying that a bicycle is the technical equivalent ...
- 10.9k
2
votes
Accepted
How patent claims are examined by an examiner?
Any claim that is not either objected to or rejected is inherently accepted so they all need to be dealt with in the first office action. The independent claim might be non-novel or obvious but any of ...
- 28.6k
2
votes
Contact the supervisory patent examiner (SPE)
Normally SPEs do not examine patent applications but are examined by PEs/AEs. PEs/AEs apprise, consult respective SPE and office action intimation are issued as suggested or advised by SPE. Your ...
- 1,072
1
vote
Do slow or difficult USPTO patent examiners frustrate companies to the extent that they reduce research and development?
This is entirely anecdotal. I worked for years in a large medical products firm. Patents were essential and R&D spending was not impacted by patent office challenges. However, it is certainly ...
- 10.9k
1
vote
Accepted
Contact the supervisory patent examiner (SPE)
From your question it looks like it has come off a queue and been assigned to an art unit. The SPE is the manager of the art unit and has the job to assign the examination to someone in that unit. ...
- 28.6k
1
vote
Very Difficult Low Productivity Examiner with Questionable Approach - What Options for Applicant? UPDATE
In my country we can ask for a senior patent examiner to review the matter. I have previously used that as a technique to have the examiner have a realistic viewpoint. Also we have an appeals process ...
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