QPIDS Pilot Program Extended Through September 30, 2016Robert M. Joynes
October 26, 2015
The USPTO has extended the Quick Path Information Disclosure Statement (QPIDS) pilot program through September 30, 2016.
The QPIDS pilot program was implemented to eliminate the requirement for processing of a request for continued examination (RCE) with an information disclosure statement (IDS) filed after payment of the issue fee in order for the IDS to be considered by the examiner. A QPIDS submission may only be filed after payment of the issue fee and before issuance of the patent.
To be a proper submission under the QPIDS pilot program, the Applicant must include the following items:
(1) a transmittal form that designates the submission as a QPIDS submission (PTO/SB/09);
(2) an IDS, including a timeliness statement as set forth in 37 CFR 1.97(e) (three (3) month certification) and the IDS fee;
(3) a Web‐based ePetition to withdraw the application from issue and a petition fee set;
(4) a RCE, including the RCE fee; and
(5) an authorization to charge all fees associated with the QPIDS submission to a USPTO deposit account.
The RCE will be treated as a “conditional” RCE until the examiner determines whether any item of information in the IDS necessitates reopening prosecution. A RCE included as part of a QPIDS submission will be processed and treated as a RCE under 37 CFR 1.114 only if the examiner determines that any item of information contained in the IDS necessitates the reopening of prosecution in the application. If the examiner determines that no item of information in the IDS necessitates reopening prosecution, the RCE will not be processed, the RCE fee will be automatically returned, and the USPTO will issue a corrected notice of allowability.
Additional information may be found here: http://www.uspto.gov/patent/initiatives/quick-path-information-disclosure-statement-qpids.