RCE Outreach Focus Questions
(1) If within your practice you file a higher or lower number of RCEs for certain clients or areas of technology as compared to others, what factor(s) can you identify for the difference in filings?
(2) What change(s), if any, in USPTO procedure(s) or regulation(s) would reduce your need to file RCEs?
(3) What effect(s), if any, does the USPTO’s interview practice have on your decision to file an RCE?
(4) If, on average, interviews with examiners lead you to file fewer RCEs, at what point during prosecution do interviews most regularly produce this effect?
(5) What actions could be taken by either the USPTO or applicants to reduce the need to file evidence (not including an IDS) after a final rejection?
(6) When considering how to respond to a final rejection, what factor(s) cause you to favor the filing of an RCE?
(7) When considering how to respond to a final rejection, what factor(s) cause you to favor the filing of an amendment after final (37 CFR 1.116)?
(8) Was your after final practice impacted by the Office’s change to the order of examination of RCEs in November 2009? If so, how?
(9) How does client preference drive your decision to file an RCE or other response after final?
(10) What strategy/strategies do you employ to avoid RCEs?
(11) Do you have other reasons for filing an RCE that you would like to share?