IP Law Daily, PATENT NEWS: USPTO's Patent Center e-Office Action program set to begin, (Apr 6, 2023)

By Linda Panszczyk, J.D.

A new option for users to receive courtesy postcards by email will be available.

The United States Patent and Trademark Office, upon the April 5, 2023, Federal Register publication of a USPTO notice, began transitioning to the Patent Center Electronic Office (e-Office) Action program. The Patent Center e-Office Action program is designed to modernize the e-Office action process and further streamline the USPTO’s service delivery processes. Implementation of the Patent Center e-Office Action program is another step in the USPTO’s transition to Patent Center, whose aim is a more modern, user-friendly system that provides improved system performance and a more intuitive user experience.

Under the Patent Center e-Office Action program, Patent Center will send an improved, easier-to-read email notification listing retrievable Office communications to participating users. Those users may then view and download the listed Office communications in Patent Center. Users will also be sent a courtesy postcard through the USPS when none of the Office communications listed in the email notification have been viewed or downloaded in Patent Center within seven calendar days after the date of the notification and at least one of the listed Office communications requires the applicant’s reply.

New e-postcard option. In addition, the Patent Center e-Office Action program offers a new option for users to receive courtesy postcards by email (e-postcards) as a reminder that there are available USPTO communications that have not been viewed or downloaded. The USPTO is implementing the e-postcard option based on customer feedback, so as to reduce paper consumption and mitigate the impact of potential postal delays. As with the existing program, participation in the Patent Center e-Office Action program is optional. However, once a participant elects to receive e-postcards, the USPTO will no longer mail courtesy postcards through the USPS if none of the Office communications have been viewed or downloaded in Patent Center within seven calendar days after the date of the email notification and at least one of the Office communications requires an applicant’s reply. Instead, the USPTO will send a courtesy e-postcard.

Applications included in the program. Applications included in the Patent Center e-Office Action program include provisional applications filed under 35 U.S.C. 111(b); nonprovisional applications filed under 35 U.S.C. 111(a) (including utility, plant, design, and reissue applications); and international applications that have entered the national stage under 35 U.S.C. 371. International applications that have not entered the national stage in the U.S., reexamination proceedings, and PTAB trial proceedings are not included in the program.

Transition timetable. The USPTO expects the transition of participants to the Patent Center e-Office Action program to be completed approximately four weeks from the April 5, 2023, publication date of the USPTO notice in the Federal Register.

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