FAQ – Direct Filing and Prosecution at the USPTO

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Practice in light of recent judicial developments. Presentations by our Patent Attorneys at a business lunch on June 28, 2016.

Strategies in Biotech Patenting in the US by Dr. Mike Hammer

Cautious Computer Optimism in light of Enfish vs Microsoft by Dr. Sinai Yarus

Q: How can JMB Davis Ben-David practitioners directly represent clients before the USPTO?

A: The US Patent Rules describe who may represent an Applicant before the USPTO at 37 CFR §1.31, §1.32, §11.6, and §11.10.

Under the Rules, as long as a practitioner is a US Citizen and registered to practice before the USPTO, there is no geographic restriction on “where” a registered practitioner must be located.

At JMB Davis Ben-David, we have five US-registered practitioners: Department Head: Dr. Mike Hammer (Reg. No. 59258), Dr. Irving Treitel (Reg. No. 48461), Dr. Sinai Yarus (Reg. No. 64811), Ms. Dodiva Grant (Reg. No. 50384), and Ms. Susie Dym (Reg. No. 37935).

 

Q: How does JMB Davis Ben-David receive communications from the USPTO? 

A: We receive e-mail notification of all new Official correspondence placed in every application for which we have Power of Attorney and which is filed using the firm’s USPTO-designated customer number.

Paper documents, such as issued patents, are sent directly to our Jerusalem office.

 

Q: How does JMB Davis Ben-David conduct Examiner interviews? 

A: Examiner interviews are conducted over the phone. As most Examiners work from home offices, it is more convenient for them to discuss cases with us over the phone, rather than have to travel in to the Patent Office premises for a formal, face to face interview. We have found that in an often more relaxed atmosphere of a phone conference, Examiners are generally agreeable to hearing our point of view, leading to rapid progress during examination.

 

Q: Where can we see sample US Patents obtained by JMB Davis Ben-David practitioners?

A: Since January 1, 2013, JMB Davis Ben-David has filed hundreds of patent applications directly in the USPTO for its clients. A small number of patents have been granted so far. These can be seen by clicking here.