The Deferred Topic Make any difference Eligibility Response (DSMER) pilot application is intended to examine how deferred applicant responses to subject matter eligibility (SME) rejections impact evaluation performance and patent high-quality as as opposed to traditional compact prosecution practice. The application was initiated in reaction to a letter from Senators Thom Tillis and Tom Cotton.
Participation in this application is by invitation only. You may possibly get an invitation to take part if your software fulfills the criteria specified in the Federal Register recognize saying the software. These standards incorporate needs that:
- the software is an original nonprovisional utility application or national stage of an worldwide application
- the application does not declare the benefit of the before submitting date of any prior nonprovisional application
- the software has not been sophisticated out of turn (accorded particular position) and
- the very first business office action on the merits makes both SME and non-SME rejections.
Invitations will be mailed throughout the period starting on February 1, 2022, and ending on July 30, 2022. The invitation will be incorporated as a form paragraph in the first business action on the merits, and will inform you how to settle for or drop the invitation.
To accept the invitation and participate in the application, applicants should electronically file a done ask for type PTO/SB/456 concurrently with a timely response to the 1st business motion on the merits. If the applicant does not timely file a adequately completed PTO/SB/456 the application will not be entered into the method. When uploading the PTO/SB/456 type, applicant should really pick doc description “Deferred Matter Issue Eligibility Response Pilot Request” (uncovered below the “Pilot Programs” classification) to make certain acceptable processing.
How this plan performs
Participation in this pilot plan offers the applicant with a restricted waiver of 37 CFR 1.111(b)(web page R-131) with regard to SME rejections in the taking part software. In short, although the applicant must even now file a reply to every single office environment action, the limited waiver permits the applicant to defer presenting arguments or amendments in reaction to the SME rejection(s) till the earlier of last disposition of the collaborating software, or the withdrawal or obviation of all other superb rejections. Other than this permitted deferral of responding to SME rejection(s), the applicant’s replies ought to be fully responsive to workplace steps, and the application will endure the normal prosecution method as explained in MPEP chapter 700.
Far more data about the restricted waiver and other elements of software process is presented in the Federal Sign-up notice saying the application.
Assistance, illustrations, and other information about how place of work staff which include patent examiners consider statements for patent topic make any difference eligibility underneath 35 U.S.C. 101 are available on the subject matter make any difference eligibility webpage.
The following resources give added details about the DSMER pilot system:
How to comment
- We are fascinated in receiving community suggestions on this application. To guarantee thing to consider, created reviews have to be acquired on or in advance of March 7, 2022.
- Responses need to be submitted via the Federal eRulemaking Portal.
- To submit opinions, navigate to the DSMER pilot software docket webpage by picking out the supplied website link, or by viewing www.regulations.gov, entering docket number PTO-P-2021-0033 on the homepage, and clicking “search.” The site will present a search outcomes webpage listing all documents linked with this docket.
- After on the docket site, uncover a reference to this discover and click on on the “Comment Now!” icon, finish the necessary fields, and enter or attach your reviews.
- Attachments to digital opinions will be accepted in ADOBE® transportable doc format or MICROSOFT WORD® format. Since comments will be built accessible for general public inspection, data that the submitter does not desire to make general public, these kinds of as an handle or phone number, must not be integrated in the responses.
Get in touch with us
- For an EFS-Internet, Patent Middle, or PAIR system dilemma, get in touch with the Electronic Enterprise Middle at 866-217-9197.
- For questions pertaining to the Deferred Subject matter Matter Eligibility Response (DSMER) pilot application Federal Sign up detect, please contact Nalini Mummalaneni, Authorized Advisor, Place of work of Patent Authorized Administration, at 571-270-1647.
- For standard inquiries relating to system implementation, speak to Dan Sullivan, Director, Engineering Middle 1600, at 571-272-0900.
- Thoughts relating to a precise software ought to be directed to the Know-how Heart inspecting the software.