USPTO Now Flagging Applications that Exceed 5/25 Claim Limits

Thanks to James McEwen and Randall Svihla for poiting out via Patently-O that the USPTO has begun inserting “Request for SIR -- Recorded” or “Preexam Flag for 1.75(b) Issues” in the status field for bibliographic information in PAIR. For example, check out the PAIR data for App. No. 20060294241.

Professor Crouch reports that

According to a telephone conversation with the Office of the Commissioner for Patents, these cases have been pulled from Examiner dockets because they exceed the 5/25 limit and are thus-far unexamined. . . . Of course, this appears to be a de facto implementation of the new rules prior to the stated November 1 effective date.

. . . This alert will help many practitioners ensure that they have found all their cases that exceed the new limits. Many attorneys keep no specific records of the number of claims filed. For published cases, Derwent keeps track of the number of claims.

Nice catch, Dennis!

p.s. - On 10/17/07 Crouch posted this update -- App. No. 20060294241 referenced above is no longer ‘flagged.’