Examiner Interviews can be an effective tool to advance prosecution in a case without making much of the discussion of record. If performed carefully and effectively, such
Interviews can reduce the number of prosecution iterations needed to obtain a patent and significantly reduce the overall cost of prosecution. This may lead to the
mutually beneficial result of a happier client and more future work for the attorney or agent. FoundPersuasive contributor Sheetal Patel has prepared an article providing
his perspective on how to effectively prepare for, conduct and conclude Examiner interviews. To view the post, use the navigation menu on the side of this site under
Articles 
Examiner Interviews, or click Here.
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As noted in his previous article on FoundPersuasive, guest author David Moore stated that in Ex parte Gutta, the Board of Patent Appeals and Interferences
(“BPAI”) delivered its precedential opinion that affects examination of software-related patent applications. In particular, Ex parte Gutta signifies a new
analytical framework for patent applications where an algorithm is recited in an apparatus and article of manufacture claim. Mr. Moore argues that this new analytical
framework will have a direct bearing on patent professionals prosecuting patent applications before the USPTO, as Examiners rely on Ex parte Gutta to reject
claims as allegedly reciting non-statutory subject matter. Applicants are not without recourse, however, during the prosecution of pending applications and preparation
of new applications, as Mr. Moore discusses in his article. To view the post, use the navigation menu on the side of this site under
Articles Response to Gutta, or click Here.
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As with the economy in general, 2009 was a rough year for the USPTO from a fiscal standpoint. The combination of a fiscal shortfall and the pressure to decrease pendency
places added pressure on the USPTO to increase staff and fees. While the USPTO must find a way to be fiscally viable and all of these measures are facially helpful towards
achieving this aim, any fee increases will lead to further decreases in the number of applications filed and increases in the number of abandonments, having a likely
negative effect on corporations and private practitioners alike. To view the post, use the navigation menu on the side of this site under
Articles Fee Increase Effects, or click Here.