Compact Prosecution in the USPTO is Anything But Compact
Charles Gorenstein for IP Watchdog
Much has been said about the fact that the USPTO has struggled for too many years yet fails to keep up with filings. In a message dated January 25, 2012, Professor Harold Wegner pointed out that, currently, 46% of “new” applications are not new at all but are actually RCE’s. USPTO “count reform,” intended to encourage greater efficiency in the examination process, had only reduced the rate of growth of RCE filings to 10.7 percent. At least one response to Prof. Wegner, shared in another posting on January 25, stated the view that doing away with RCE practice would serve only to generate a staggering number of appeals and shift the backlog to the Board of Appeals, make the application process inordinately costly, and discourage inventors from ever applying for a patent at all. As things stand, there is not much doubt about such a result.
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