1309.02 “Printer Rush” Cases [R-07.2022]

A printer rush occurs when document(s) need to be addressed after a patent application has been allowed. The file is returned to the examiner, a “Printer Rush” form is included in the Image File Wrapper (IFW) and is indicated with a “RUSH” document code, noting the issue. Issues which may prevent publication until they are resolved include but are not limited to: amendments under 37 CFR 1.312, a Request for Correction of Inventorship under 37 CFR 1.48 and Information Disclosure Statements which have not been initialed by the examiner.

These applications are placed on the examiner’s “expedited” tab in Docket Application Viewer (DAV) and should be taken up for immediate action. The examiner annotates the “RUSH” document in Adobe to indicate the course of action taken to correct the issue or an indication as to why the application is considered to be correct as it stands. If correction requires the mailing of an Office Action, such as an examiner’s amendment, Corrected Notice of Allowance, or a Response to Rule 312 Communication (form PTO-271) the annotated “RUSH” document is included in the eRedFolder (ERF) of the Office Action. A Corrected Notice of Allowance is used when correction of the issue requires the mailing of any document to the applicant besides a Response to Rule 312 Communication or those related to a Quick Path IDS. If correction does not require mailing of an Office Action, the examiner creates an action entitled “Printer Rush – No mailing” and imports the “RUSH” document along with any other required forms into the action. The annotated “RUSH” form is scanned into the IFW and will not be mailed to the applicant in either circumstance.