The USPTO recently held a webinar discussing the results of its 2022 DSMER Pilot, aimed at improving patent examination efficiency by allowing applicants to defer responses to subject matter eligibility (SME) rejections. Initiated based on a request from Senators, the pilot was designed to apply a sequenced approach for patent examinations. While 726 invitations were sent and 28% accepted, an analysis revealed that a significant number of DSMER applications remained unresolved compared to a control group, raising questions about the pilot's actual effectiveness in achieving its goal.
The DSMER Pilot, initiated in January 2022, allows patent applicants to defer responses to SME rejections, which may impact overall prosecution efficiency.
Despite the pilot's intentions, the data indicated that a larger percentage of DSMER applications remained unresolved at 18 months compared to the control group.
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