Worried about an expired patent?

According to the USPTO, an applicant may submit through EFS-Web a "Petition to Accept Unintentionally Delayed Payment of a Maintenance Fee in an Expired Patent." The patent can be reinstated immediately if the petitioner uses the electronic petition from 37 CFR 1.378(c) found under "Existing Application/Patent" in EFS-Web. More information is available under the Quick Start Guide for Petitions at http://www.uspto.gov/ebc/portal/tools.htm

Japan and European Patent Office Filing Problem

If you plan to file a patent application with the Japan Patent Office and/or the European Patent Office, when you file your U.S. application be sure to include Form SB-39 which allows the USPTO to release a copy of the unpublished US application to foreign offices. Both the Japan and European Offices have strict deadlines for submission of priority documents.

Patent Application Correspondence by Email

The United States Patent and Trademark Office (USPTO) is initiating a pilot program for customers to receive an email notification that new outgoing correspondence related to a patent application has been placed in Private PAIR. A limited number of participants will be able to register for this e-Office Action pilot program starting August 31, 2007. If you would like to participate, email your Customer Numbers to the PAIR team at pair@uspto.gov.

New Patent Claims and Continuations Rules

The United States Patent Office (USPTO) has made available on-line until Feb. 1, 2008 a recording of its Aug. 23rd webcast (reading of PowerPoint slides) explaining the new claims and continuations rules. The USPTO has posted additional information about this topic on the following pages:

• Claims and Continuations Practice - Final Rule


• Proposed Rule Changes to Focus the Patent Process in the 21st Century

For additional questions about these new rules, contact the USPTO by e-mail at Patent.Practice@uspto.gov or by phone at (571) 272-7704.