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"Examiner Modification?"
will torres	So, I submitted my product to Lifetime Brands and OXO. Both passed on it. Life time brands said that the problem my invention solves is not “enough” of a perceived problem, understood. OXO, on the other hand, said they were unsure about the volume that my product would be able to sell. Coming from the company that is marketing items like a “mango peeler” and “herb mincer” I found that response ridiculous. The problem my invention solves is 10x more prevalent than “peeling mangoes” and “mincing herbs” combined. As a matter of fact I can’t remember the last time on saw someone pelling a mango in real life or on tv? But I digress. I submitted my product to Telebrands a week ago as a last ditch effort to license before I attempt to bring this thing to market myself. Do note that I filed my own trade mark and provisional patent application (PPA). I was under the impression that a PPA was not examined for merit. The other day I received a call from a patent examiner, she told me that my applications had been merged into one case, and she asked me if she could make an “examiner’s modification” (or something like that) to the wording in my mark. She basically told me that someone could come out with another product that performs the same function as my own but it just can’t have the same name or design. I found this whole encounter with the examiner rather odd. Does this sound unusual to anyone else? posted February 04, 2012 10:46 ( ) Tweet

Jim Hacsi 482,000 Insider Points	You should cherish that Examiner! posted February 07, 2012 07:37 ( )
will torres	Ok, I got an (official) email from the USPTO regarding the examiner amendment that was recently filed. I also talked to the examiner today and she explained exactly what was going on. She was very helpful and she kind of did me a favor by amending my application and not rejecting the whole thing outright. Apparently my product name was descriptive but my (logo) design was acceptable, so I have rights to the stylized words with logo but not the words alone. posted February 06, 2012 16:09 ( )
Jim Hacsi 482,000 Insider Points	Will, remember that a Patent Examiner can make an Examiner’s ‘amendment’ which may not be the same as anyone else making a ‘modification’. posted February 06, 2012 06:24 ( )
Bob Kochem 26,500 Insider Points	Does your phone have a caller id/history? If its hasn’t timed out, perhaps you can tell where that call came from. Maybe its really the USPTO. If not – red flag! posted February 06, 2012 06:13 ( )
will torres	Ok….. after mulling it over in my mind. I think Luis hit the nail on the head and the examiner was only talking about my trademark. I got confused b/c there was talk of “wording” and “design” , I was nervous and excited (and I didn’t want to say anything to make the examiner upset)and she may have thought I had a trademark application for each when I was actually referring to my patent….Ok, false alarm. Man, glad you guys are here. Thanks a bunch! posted February 04, 2012 20:31 ( )
Luis Rodriguez 417,750 Insider Points	It appears that the examiner is talking about the trademark, and the trademark only. The ‘merging’ part is confusing. I think you should call her and get the thing straightened out. The PPA is not examined by anybody. Much less by trademark examiners. posted February 04, 2012 14:17 ( )
Ralph Machesky 69,000 Insider Points	Definately something underhanded going on here. No way any examiner should be touching that PPA, not only a gross use of manpower hrs, but also out of context- PPA’s are NOT examined except for missing documentation when you file it. If you are missing anything they note it right on your reply postcard you included when you filed. I’d say a call to the patent office is needed ASAP to clear this up and make sure someone is not pulling a fast one. posted February 04, 2012 14:03 ( )
Frank White 38,000 Insider Points	You’re right Jim… actually, I don’t think a REAL examiner WOULD get involved in a PPA; something extremely off-color about this situation. This is strangely akin to the thread called “A Sticky Situation”, where “Telebrands” was involved in promoting a product that was “almost” like the original. Red Flags… (1) first of all, I would venture to say it’s an attempted scam because a REAL examiner will not even have open access to your PPA, not to mention be authorized to contact you personally in an attempt to solicit your approval for some type of action. (2) an “Examiner” calls you a couple days after submitting to Telebrands… (3) the “Examiner” wants your authorization to do an Examiner’s Modification… Hmmm… I hope you got the “Examiner’s” name and phone number they called from to use as evidence! posted February 04, 2012 13:34 ( )
will torres	No, to be quite honest I’m not familliar with the whole examiner/examiner group aspect of things. posted February 04, 2012 11:29 ( )
Jim Hacsi 482,000 Insider Points	Very, very strange! An examiner modification is normally done during the examination process of a non-provisional patent application and it’s usually a modification done to the Claims. I can’t see how a Patent Examiner even got involved with a PPA, let alone suggesting combining aspects of a trademark application and a PPA. Did you ask what Technology Group the Examiner worked in? posted February 04, 2012 10:58 ( )

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