comments on proposed rulemaking published 5 oct 98
re: 1.53 changes:
I believe that your charges for late items should reflect that submission of items together is less expensive for the PTO and should be given a much lower rate.
I believe that this a very misguided proposed rule. I appreciate that some applicants may be dumping references on the PTO, but this rule provides no reasonable compromise to solve the problem. It merely demonstrates the PTO’s unwillingness to take its share of the examination responsibility.
I propose an alternative: submission of the first 20 references are at no cost.
Thereafter, the pto may charge a (reaonsable) fee for all further references.
In no case would the applicant need to do the examiner’s job of reviewing the references which are in the English language.
I think this proposal keeps the examination responsibility with the examiner, yet allows the pto to recover costs. If the true goal of the PTO is to abdicate responsibility for examination, then my proposal will not be suitable.
I guess we will see.