“USPTO is Seeing a Rise in Continued Examination Requests” (featured quotes)

In a recent Law360 article examining the rising number of requests for continued examination (RCEs) at the U.S. Patent and Trademark Office (USPTO), Marshall Gerstein Partner and patent attorney Matt Carey shared his perspective on the agency's efforts to reduce the backlog of unexamined patent applications and the resulting increase in pending RCEs.

The article explores several factors contributing to the growth in RCE inventory, including the USPTO's emphasis on providing applicants with an initial examination more quickly. While some applicants may experience longer waits after filing an RCE, Matt notes that many clients place greater value on receiving substantive feedback on their applications earlier in the patent process.

Matt told Law360: "There's something about hearing back from the patent office after your first filing that I think is more appealing than the pendency between filing an RCE and hearing back from the patent office."

The article also discusses how the trend may influence patent prosecution strategies as practitioners weigh the benefits of pursuing alternatives that could reduce the need for RCE filings.

Subscribers to Law360 can read the full article here.