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Dear Dr. Patentstein, I have a USA patent application which got final rejection.I filed AFCP 2.0 and got advisory action which said that after final amendment will not be treated under AFCP 2.0 due to new issues, and the period for reply expires on the mailing date of the advisory action. What choice I have now? or the application is already abandoned? Can I still file notice of appeal? Thanks Jerry

posted Friday 20 of March 2015 by jerry [patent filing]


First, you question needs to be corrected. The phrase "and the period for reply expires on the mailing date of the advisory action" is inaccurate and should read something like "and the period for reply expires on the deadline for reply in the prior office action". If it really says what you say it says, then the Examiner has made a mistake and it should be interpreted as if he said what I suggest above. So, you can file a request for continued examination (RCE) as long as the 6 month extended deadline is not passed. Or you can file a request for extension of time and a notice of appeal, if the maximum extended deadline is not passed. If the application as really gone abandoned, meaning, the maximum extended deadline has passed, then you will have to revive the case and file the appropriate response at the same time (notice of appeal or RCE), and then you should get another bite at the apple.Hope this tip helps. It's complicated and so, we're happy to offer you more advice within the framework of a representation.

Tags: usa, patent, application, final, rejection, afcp, amendment
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