In a press release from today and a Federal Register Notice that will be published tomorrow, the USPTO announces that in April it will be moving to electronically issued patents, rather than continuing to publish paper copies. This will come as a relief to some, but will be disappointing for those who like those paper copies.
However, the main practical difference for applicants will be that the window to file continuation applications (or to withdraw the application from issue, for example to file an information disclosure statement) will be much smaller. At present, once the issue fee is paid, it takes the USPTO several weeks (usually six to eight) to issue the patent, an act that always occurs on a Tuesday. About three weeks before the patent is issued, the USPTO mails an "issue notification", telling the applicant when the patent will issue, and effectively informing the applicant of the deadline to file a continuation application or withdraw from issue. Under the new scheme, the patent will issue shortly after the issue fee is paid, still on a Tuesday, but the applicant will only get warning of the impending issuance 5 or 6 days beforehand. "Therefore", says the USPTO, "the best practice would be for applicants to file these submissions as early as possible. Preferably, continuing applications should be filed before the payment of the issue fee." This may be the first time that I will recommend that clients follow legal advice given by the USPTO