WASHINGTON, D.C., February 20, 2012 -- In a recent Law360 article, Baker Botts L.L.P. lawyer Brian Goldberg reviews a post-patent application rejection option that might be overlooked too often. Once the U.S. Patent and Trademark Office (USPTO) issues a final rejection of a patent application, an applicant is faced with an important decision of what to do next, Brian writes in his article.
The options include filing a notice of appeal, filing a request for continued examination (“RCE”), filing an after final response or amendment, or abandoning the application. There are many factors that might influence this decision, but one option that might be overlooked is filing a notice of appeal accompanied by a pre-appeal brief request for review.
What really occurs within the USPTO once an applicant files the request? This article examines when applicants and practitioners may wish to implement this option, as well as how to take advantage of this process more effectively.
The complete article is available here.
More information about the IP practice at Baker Botts is available here.
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