Most practitioners have experienced it at some point: a filing is made, everything is in order, and then… silence. No update. No progress. Whether it’s a certificate of correction, a petition, or another post-issuance request, stalled matters at the USPTO can be frustrating—not just for attorneys, but for clients who expect clarity and action.
In one recent case, we filed a certificate of correction to address a PTO error on a priority claim in an issued patent. The priority claim was filed correctly in the ADS, and also appeared correctly on the publication. The error in the priority claim on the issued patent, then, clearly originated at the USPTO. Despite clear grounds and proper filing of the certificate of correction, months passed without action. Our follow-ups went unanswered. Our client was understandably frustrated, and we had limited tools to show that we were actively working toward a resolution. Through that experience, we picked up a few strategies that may help others navigating similar delays:
- Use the Ombuds Office Strategically
The USPTO Ombuds Office can be a helpful resource when normal channels aren’t yielding results, and it is designed to address precisely these situations where progress is stalled. But don’t just reach out and hope for the best—track who you speak with, when, and what was discussed. If they say they’ll look into it, ask for specifics: What steps will you be taking? Will you be reaching out to a particular person or office? Can I be copied or updated when that happens? These questions not only clarify the process, but also give you a basis for meaningful follow-up. When you check in later, you can ask directly about the actions they committed to—putting more pressure on them to move things forward.
- Follow Up Regularly and Keep a Paper Trail
Persistence is essential. A single unanswered email can disappear into the void—but a pattern of follow-ups establishes a record of your diligence. Maintain a timeline that includes dates of attempted contact and each follow-up attempt (email, phone, etc.), and any responses received (even if vague). This timeline not only helps you stay organized internally, but also gives you something concrete to point to if someone at the USPTO suggests taking a step you’ve already taken. You’ll be able to say, for example, “I’ve called this person three times since November and haven’t received a response,” which can help shift the conversation toward next steps instead of being stuck in a cycle.
- Call Direct Lines
General office lines or email boxes often go unanswered, even when the voicemail message indicates to expect a return call within 24 hours. If possible, identify a specific person connected to your matter and call them directly. The Ombuds Office may be able to help you identify the relevant person and their contact information, if you ask.
Final Thought:
Delays at the USPTO can feel opaque and uncontrollable, but consistent, organized advocacy can make a difference. And perhaps just as importantly, it shows your client that you’re doing everything within your power to get things moving—even when the process is far from transparent.
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