The USPTO recently began issuing two different pre-examination notices.

The first notice is a Pre-Docketing Notice indicating that the application is expected to be docketed to an examiner for substantive examination within approximately three months. The Office has begun sending these notices to provide applicants with an opportunity to review the application and consider whether to take some action before the application is examined. For example, the applicant may consider whether to file a preliminary amendment or to expressly abandon the application in order to receive a refund of the search fee or any excess claims fees. No action is required.

The second notice is a Requirement for Information indicating that the application has been selected for participation in the PCT Informed Examination Request (PIER) Pilot Program. To avoid abandonment, the Applicant must file a reply indicating whether the Applicant wishes to: (a) proceed with examination (with or without amendment); (b) delay examination for 12 months; or (c) expressly abandon the application. If a reply to the PIER Request for Information is not filed, the application will be abandoned.

While the Pre-Docketing Notice is sent in all pending applications, the PIER Request for Information is only sent in selected PCT national stage applications.

Information regarding the PIER Request for Information is available here:

https://www.uspto.gov/patents/basics/international-protection/patent-cooperation-treaty/pier-program

Please contact us at sughrue@sughrue.com if you have any questions about these or any other USPTO notices.