IP Update, Special Edition (30 October 2009)

Editors: Marc S. Weiner, Esq. and Nicholas P. Godici

In this Issue:

USPTO Changes Likely to Cause Delays in Examining RCEs

As noted in the BSKB IP Update of October 21, the USPTO has decided to implement a change in docketing procedures for RCEs. As announced by Director Kappos this week, starting November 15, 2009 the USPTO will place RCE on the examiner's continuation docket rather than on the examiner's amended docket. Examiners will no longer be required to act on RCEs within two months of entry of the request for continued examination. Based on our experience it is likely that action on some RCEs will be substantially delayed because of this change.

BSKB is advising our clients to take this change into consideration when making the decision to file an RCE. In some instances it may be advantageous to file a RCE before November 15, 2009 to ensure prompt action by the USPTO.

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