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Ron Reardon
This is the month to refresh your memory (and mine) about the importance of
going the extra mile in relationships, both personal and professional.
February 14th should be on your radar as a day on which you give
something special to your significant other, as well as to others with whom you
have a close relationship. My Valentine list is quite short. My wife Hilda is
first, no surprise. My Aunt Betty is next. She is my Father’s older sister;
raised me from age 3 onward; is 85 years old and living in an apartment complex
designed for elderly people. My Aunt-mother and my wife are largely responsible
for helping me to realize my potential. My cousin Shawn, my Aunt Betty’s only
daughter, is the final entry on the list. (My twin boys, Drew and Eric, think
it would be too sissy if I sent them something on Valentine’s Day; but they will
take money anytime, no questions asked.) Even those of us that are
“relationship impaired” know that sending an e-mail on Valentine’s Day is
suboptimal, if not verboten; a personal touch is required.
Now, to segue to professional relationships, a little extra effort and
thought can yield substantial results—for clients, vendors, influential business
contacts, etc. My takeaway from a past NAPP annual meeting OED presentation was
that the top complaint from patent practitioner clients was lack of
communication. While e-mail is a form of communication, if you want to
differentiate yourself or your firm from the competition, consider options with
more impact.
Your arsenal should also be stocked
with phone calls, handwritten notes, and seasonal cards. For those of you that
feel you do not have time to handwrite a note to your long list of professional
contacts, there are companies that will do this for you—you supply the contact
list and message and they do the rest. When it comes to phone calls, only you
can do those, not a surrogate.
Finally, there is your communication
with the USPTO (no Valentine Cards—please). I have never considered myself to
be the sharpest knife in the drawer, so I listen very carefully to more
experienced practitioners as to what works best. In one conversation, I heard
how effective it could be to pick up the phone and actually talk with the
Examiner prior to responding in written form. This past Sunday night, I got a
phone call from an Examiner who was working late at the USPTO (he had inherited
a pile of cases from another Examiner and was digging his way out). As I
listened to the voicemail, I heard that my amendment was going to be considered
non-responsive. When I looked at the amendment, to my horror I saw that I had
omitted the claim status for claims 8-11. I called the Examiner that same night
and he graciously offered an Examiner’s amendment, which resulted in allowance.
While picking up the phone and
calling the Examiner may not yield the results that you want every time, it may
give you a better understanding, in less time, of the Examiner’s position and
reasoning. Timely information can be invaluable in deciding on your options and
response and how to best represent your client. By the way, be sure to be
considerate of the Examiner’s time and be prepared before making the call.
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