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USPTO rolling out a Deferred Subject Matter Eligibility Response (DSMER) Pilot Program

The United States Patent and Trademark Office (USPTO) examines pending applications using a principle called “Compact Prosecution.” Under Compact Prosecution, the USPTO conducts a search and provides office actions that explains the office’s position on each essential element of prosecution (e.g., addressing informalities, providing rejections under 35 U.S.C. §§ 101, 102, 103, and 112, acknowledging patentable subject matter, etc.) instead of prosecuting each requirement sequentially. The applicant must then respond to every raised rejection. The goal of Compact Prosecution is to reduce the number of office actions required to come to a resolution regarding the application (i.e., an allowance or an abandonment). Read more…