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My ombudsman experience October 31, 2011

Posted by Brian Schar in USPTO.

I recently attempted to use the USPTO ombudsman program for the first time, in order to deal with a Notification of Non-Compliant Appeal Brief in which the reviewing paralegal had gone completely off the rails.  In order to participate in the program, you have to make a request on the USPTO web site, but you can’t tell them what your problem is until they call you.  I didn’t mind that it took 2 business days to receive a call, as opposed to the target of one day.  That wasn’t a big deal.  The person who called was from the technology center in which my application was being handled.  When I told him my problem, less than 60 seconds into the call, he told me how much he would be unable to help me.  Then he said he’d try to reach the right person at the BPAI, and that I might get a call back within a week, but not to expect it.  Over a week later, I haven’t received a call back.  Big surprise.

I’m glad that I tried this out, but I’m cynical enough that I got exactly the results I expected.  I won’t be using the ombudsman program again.


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