In part 1, I introduced the performance system faced by Examiners and in part 2 I explained how this performance system affects the prosecution process. In part 3, I discuss the ways that the incentives faced by Examiners can be used to an applicant’s advantage.
Timing
One way that knowledge of the performance system can be used [...]
The Performance System In Practice
In part 2, I explore the effect of the Examiners’ performance system on the patent prosecution process. In theory, this may seem like a workable system in which the Examiners are encouraged to make the best case possible as quickly as possible so that they can get the case either allowed [...]
Dealing with Examiners can sometimes be frustrating. Each Examiner has his or her own personality and methods. Sometimes, it is just difficult to see where the Examiner is coming from. Why did they send out the strange one paragraph Office Action? Why did they say they would not enter the amendment without an RCE?
Of course, [...]