Patent prosecution in the USPTO tends to proceed to final Office
Action more quickly than in other jurisdictions, such as the
European Patent Office and the Canadian Patent Office. In the
US, additional rounds of argument can be bought by paying a fee and
filing a request for continued examination or a continuation
application. In that type of system, it is possible for an
applicant to feel like it is on a treadmill, where the miles and
fees accumulate without forward progress.
Applicants are often reluctant to give up claim scope, so patent
attorneys regularly provide counsel on appropriate compromise.
Other times, Some USPTO examiners may be hesitant to indicate
allowable subject matter where they should do so. A case may
also raise difficult legal or technical issues. Where the
applicant is realistically entitled to a patent, but not making
progress, it may be helpful to seek guidance from the Patent Trial
and Appeal Board (PTAB) to change the
examiner's
