For publication in the Federal Register of June 24, 2026, having an effective of August 13, 2026, the USPTO is issuing a final rule to significantly tighten its review of petitions based on “unintentional delay.” For petitions filed on or after
Prosecution First Blog
The Prosecution First Blog, published by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, focuses on developments and practical guidance related to patent prosecution before the United States Patent and Trademark Office (USPTO). It covers topics such as USPTO pilot programs, examination procedures, claim amendments, prior art searches, and procedural updates that impact patent applicants and practitioners. The blog provides updates on USPTO initiatives aimed at streamlining patent examination and offers pointers on compliance with USPTO filing and amendment requirements.
USPTO’s Streamlined Claim Set Pilot Program: Accelerating Patent Approvals
The United States Patent and Trademark Office (USPTO) launched a new pilot program to reduce examination delays for certain patent applications starting October 27. For 12 months after publication in the Federal Register or until each Technology Center accepts at…
USPTO Introduces AI-Assisted Prior Art Search: Key Details for Applicants
The United States Patent and Trademark Office (USPTO) introduced the Automated Search Pilot Program, designed to give applicants early access to AI-generated prior art searches before substantive examination. Using an internal AI tool, the program identifies and ranks relevant prior…
Prosecution Pointer 432
By Publisher
To rescind a non-publication request, the applicant must file a request to rescind a previously filed nonpublication request and file or fax it to the Pre-Grant Publication Division at (703) 305-8568 or mail to:Read more
Prosecution Pointer 431
By Publisher
In a pending U.S. application, an applicant can reinstate a canceled claim by presenting the text of the canceled claim with any desired changes in a new claim with a new claim number and use the status identifier, (new).Read
Prosecution Pointer 430
By Publisher
When submitting replacement or new drawings in a pending US application, applicant must submit any amendments to drawings as replacement or new drawings accompanied by explanations of the changes in either the drawing amendment section or remarks section of the…
Impact of a Later-Filed Sequence Listing on a PCT’s Filing Date
By Publisher
In PCT applications filed with the United States as the receiving office, the USPTO will issue an Invitation Relating to Missing Parts (“USPTO Invitation”) if the application discloses enumerated sequences that would fall within the length requirements mandating the filing…
Changes to USPTO Patent Fees for 2025
By Publisher
Effective January 19, 2025, the United States Patent and Trademark Office (USPTO) will implement significant changes to patent fees following the last review in fiscal year 2021. According to the final rule published on November 20, 2024, the USPTO will…
Prosecution Pointer 429
By Publisher
Prosecution Pointer 428
By Publisher
Amendments to drawings filed after allowance are entered by the USPTO’s Office of Publications. If such an amendment is forwarded to the examiner, the examiner should forward or return the application to the Office of Publications. The examiner should not…