Federal Register - Amending System of Records

[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices][Page 63135-63138]

See the complete document at:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr23oc08-40

Privacy Act of 1974; System of Records

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of amendment of Privacy Act system of records.

SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/PAT-TM-18 USPTO Identification and Security Access Control Systems.'' This action is being taken to revise the Privacy Act Notice to include the information necessary for identification [[Page 63136]] cards that meet the standards set by Homeland Security Presidential Directive 12 (HSPD-12) ``Policy for a Common Identification Standard for Federal Employees and Contractors''(August 27, 2004). The system of records will also be renamed ``COMMERCE/PAT-TM-18 USPTO Personal Identification Verification (PIV) and Security Access Control Systems.'' We invite the public to comment on the amended system noted in this publication.

DATES: Written comments must be received no later than November 24, 2008. The proposed amendments will become effective on November 24, 2008, unless the USPTO receives comments that would result in a contrary determination.

ADDRESSES: You may submit written comments by any of the following
methods:

• E-mail: Calib.Garland@uspto.gov.
  
• Fax: (571) 273-6247, marked to the attention of J.R.
  Garland.
  
• Mail: Calib P. Garland, Jr., Director of Security and
  Safety, United States Patent and Trademark Office, 551 John Carlyle
  Street 1A21, Alexandria, VA 22314.
  
• Federal Rulemaking Portal: http://www.regulations.gov.

All comments received will be available for public inspection at the Federal rulemaking portal located at www.regulations.gov and on the USPTO Web site at www.uspto.gov.

Federal Register - Public Key Infrastructure (PKI) Certificate Action Form

[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices][Page 63134-63135]
See the complete comment request at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr23oc08-39
Public Key Infrastructure (PKI) Certificate Action Form
ACTION: Proposed collection; comment request.

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) uses Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. PKI is a set of hardware, software, policies, and procedures that provide important security services for the electronic business activities of the USPTO, including protecting the confidentiality of unpublished patent applications in accordance with 35 U.S.C. 122 and 37 CFR 1.14, as well as protecting international patent applications in accordance with Article 30 of the Patent Cooperation Treaty.

In order to provide the necessary security for its electronic commerce systems, the USPTO uses PKI technology to protect the integrity and confidentiality of information submitted to the USPTO. PKI employs public and private encryption keys to authenticate the customer's identity and support secure electronic communication between the customer and the USPTO. Customers may submit a request to the USPTO for a digital certificate, which enables the customer to create the encryption keys necessary for electronic identity verification and secure transactions with the USPTO. This digital certificate is required in order to access secure online systems that are provided by the USPTO for transactions such as electronic filing of patent
applications and viewing confidential [[Page 63135]] information about unpublished patent applications.

This information collection includes the Certificate Action Form (PTO-2042), which is used by the public to request a new digital certificate, the revocation of a current certificate, or the recovery of a lost or corrupted certificate. Customers may also change the name listed on the certificate or associate the certificate with one or more previously assigned Customer Numbers. A certificate request must include a notarized signature in order to verify the identity of the applicant. The Certificate Action Form also has an accompanying subscriber agreement to ensure that customers understand their obligations regarding the use of the digital certificates and cryptographic software. When generating a new certificate, customers may provide additional information for a set of security questions and answers that will enable customers to recover a lost certificate online without having to contact USPTO support staff.

II. Method of Collection

The Certificate Action Form must be notarized and may be mailed or hand delivered to the USPTO. The Certificate Self-Recovery Form is submitted online through the USPTO Web site.

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record.

DATES: Written comments must be submitted on or before December 22,
2008.

ADDRESSES: You may submit comments by any of the following methods:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0045
  comment'' in the subject line of the message.
  
• Fax: 571-273-0112, marked to the attention of Susan
  Fawcett.
  
• Mail: Susan K. Fawcett, Records Officer, Office of the
  Chief Information Officer, Customer Information Services Group, Public
  Information Services Division, United States Patent and Trademark
  Office, P.O. Box 1450, Alexandria, VA 22313-1450.
  
• Federal Rulemaking Portal: http://www.regulations.gov.

Federal Register - Interim Extension of Patent No. 4,919,140

[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Notices]
[Page 62260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-42]
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DEPARTMENT OF COMMERCE
[Docket No. PTO-P-2008-0042]
United States Patent and Trademark Office

Grant of Interim Extension of the Term of U.S. Patent No.
4,919,140; AndaraTM OFSTM System

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,919,140.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571)272-7755; by mail marked to her attention and addressed to the Commissioner for Patents, Mail Stop Patent Ext., P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-7755, or by e-mail to Mary.Till@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, generally provides that the term of a patent may be extended for a period of up to five years if the patent claims a product, or a method of making or using a product, that has been subject to certain defined regulatory review, and that the patent may be extended for interim periods of up to a year if the regulatory review is anticipated to extend beyond the expiration date of the patent.

On September 29, 2008, the patent owner, Purdue Research
Foundation, timely filed an application under 35 U.S.C. 156(d)(5) for an interim extension of the term of U.S. Patent No. 4,919,140. The patent claims the medical device AndaraTM OFSTM System and a method of using the AndaraTM OFSTM System. The application indicates that a Humanitarian Device Exemption, HDE 070002, for the medical device AndaraTM OFSTM System has been filed and is currently undergoing regulatory review before the Food and Drug Administration for permission to market or use the product commercially.

Review of the application indicates that except for permission to market or use the product commercially, the subject patent would be eligible for an extension of the patent term under 35 U.S.C. 156, and that the patent should be extended for one year as required by 35 U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review period will continue beyond the original expiration date of the patent(October 14, 2008), interim extension of the patent term under 35
U.S.C. 156(d)(5) is appropriate.

An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S.Patent No.4,919,140 is granted for a period of one year from the original expiration date of the patent, i.e., until October 14, 2009.

Dated: October 14, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E8-24881 Filed 10-17-08; 8:45 am]

BILLING CODE 3510-62-P

Rice University Number One in Patent Impact

Rice University ranked number one in the "Industry Impact" category among research universities according to the Chicago-based Patent Board. Impact is determined by analyzing references to universities and their patents in data from government and industry sources. Nanotechnology at Rice was particularly influential.

For more information see Rice Research Gets High Marks.

Federal Register - USPTO Performance Review Board Appointees

[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices][Page 59612-59613]
See the notice in the Federal Register at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr09oc08-62

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2008-0040]

Performance Review Board (PRB)
AGENCY: United States Patent and Trademark Office.
ACTION: Notice
-----------------------------------------------------------------------
SUMMARY: In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.

ADDRESSES: Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Karen Karlinchak at (571) 272-6200.

SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:

Margaret J. A. Peterlin, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.

Stephen S. Smith, Vice Chair, Chief Administrative Officer, United States Patent and Trademark Office.

John J. Doll, Commissioner for Patents, United States Patent and Trademark Office.

Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.

Wendy R. Garber, Acting Chief Information Officer, United States Patent and Trademark Office.

James A. Toupin, General Counsel, United States Patent and Trademark Office.

Lois E. Boland, Director, Office of Intellectual Property Policy and Enforcement, United States Patent and Trademark Office.

Barry K. Hudson, Chief Financial Officer, United States Patent and Trademark Office.

Jefferson D. Taylor, Director, Office of Governmental Affairs, United States Patent and Trademark Office.

Deborah S. Cohn, Deputy Commissioner for Trademark [[Page 59613]]Operations, United States Patent and Trademark Office.

Margaret A. Focarino, Deputy Commissioner for Patent Operations, United States Patent and Trademark Office.

Kenneth Berman, Director of Information Technology, International Broadcasting Bureau.

Dated: October 1, 2008.

Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

Federal Register - USPTO Disciplinary Procedures

[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Rules and Regulations][Page 59513-59514]

The complete final rule is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr09oc08-15

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 10
[Docket No. PTO-C-2005-0013]
RIN 0651-AB55

Changes to Representation of Others Before the United States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; correction.
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SUMMARY: The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on August 14, 2008,adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations,disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. This document corrects omissions in that final rule and amends the Rules of Practice for consistency with the final rule.

DATES: Effective Date: October 9, 2008.

FOR FURTHER INFORMATION CONTACT: Harry I. Moatz, Director of Enrollment and Discipline (OED Director), directly by telephone (571) 272-6069, by facsimile to (571) 273-6069 marked to the attention of Mr. Moatz, or by mail addressed to: Mail Stop OED--Ethics Rules, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Federal Register - Board of Patent Appeals and Interferences

[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices][Page 58943-58944]

Full comment request available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr08oc08-43

Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Agency: United States Patent and Trademark Office (USPTO).

Title: Board of Patent Appeals and Interferences (BPAI) Actions.

Form Number(s): No forms.

Agency Approval Number: 0651-00xx.

Type of Request: New information collection.

Burden: 773,895 hours annually. In the future, once this proposed collection and 0651-0031 are approved by the OMB, the USPTO expects to move the notices of appeal and requests for oral hearing before the BPAI into this collection. The USPTO estimates that this will add a minimum of 5,719 hours per year to this collection.

Number of Respondents: 31,828 responses per year. The USPTO estimates that once the notices of appeal and requests for oral hearing before the BPAI are moved into this collection, a minimum of 28,595 responses will be added to this collection.

Avg. Hours Per Response: The USPTO estimates that it takes the public approximately 5to 30 hours to complete this information, depending on the brief, petition, or
request. This includes the time to gather the necessary information, prepare the briefs, petitions, and requests, and submit them to the USPTO. The USPTO estimates that it takes the public approximately 12 minutes (0.20 hours) to complete the notices of appeal and requests for oral hearing before the BPAI.

Needs and Uses: This collection of information is required by 35 U.S.C. 134,135,306, and 315 and is implemented through the appeal rules found in Part 41. The Board of Patent Appeals and Interferences was established under 35 U.S.C. 6(b). This collection permits applicants and registrants to prepare appeal and reply briefs which set forth the claims, issues, and arguments on appeal to the BPAI and permits the filing of petitions requesting extensions of time to respond to the agency, petitions requesting an increase in the page limit of a brief,and requests for rehearing before the BPAI. The BPAI uses the information to aid in rendering a decision on the claims, issues, and arguments outlined in the appeal and reply briefs and to determine whether the petitions for extensions of time, the petitions to increase the page limit of a brief, and requests for rehearings before the BPAI should be granted. There are no forms associated with the items in this collection, but they are governed by the rules in Part 41. The Board publishes its opinions and decisions for publicly available files on the USPTO Web site.

Affected Public: Primarily businesses or other for-profit organizations.

Frequency: On occasion.

Respondent's Obligation: Required to obtain or retain benefits.

OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov.

Dated: October 2, 2008.

Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group,

Federal Register - Statutory Invention Registration

[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices][Page 58572-58573]

Statutory Invention Registration
ACTION: Proposed collection; comment request.
The complete comment request is available at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr07oc08-56

I. Abstract

A statutory invention registration is not a patent. It has the defensive attributes of a patent but does not have the enforceable attributes of a patent. In other words, a person occasionally invents something solely for personal use (not for production or sale) and does not want to go through the effort and expense of obtaining a patent on the invention. At the same time, the inventor wants to prevent someone else from later obtaining a patent on a like invention. In that situation, the inventor can register a statutory invention and have it published. Once published, it cannot be claimed by another person.

35 U.S.C. 157 authorizes the United States Patent and Trademark Office (USPTO) to publish a statutory invention registration containing the specifications and drawings of a regularly filed application for a patent without examination, providing the patentee meets all the requirements for printing, waives the right to receive a patent on the invention within a certain period of time prescribed by the USPTO, and pays all application, publication and other processing fees.

The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297. Under these rules, an applicant for an original patent may request, at any time during the pendency of the application, that the specifications and drawings be published as a statutory invention registration. Any request for a statutory invention registration may be examined to determine if all the conditions have been met, if the subject matter of the application is appropriate for publication, and if the requirements for publication are met.

The public may petition the USPTO to review rejection decisions within one month or other such time as is set forth in the decision refusing publication. The public may also petition the USPTO to withdraw a request to publish a statutory invention registration prior to the date of the notice of the intent to publish.

If the request for a statutory invention registration is approved,a notice to that effect will be published in the Official Gazette of the USPTO. Each statutory invention registration that is published will include a statement relating to the attributes of a statutory invention registration.

The public uses form PTO/SB/94, Request for Statutory Invention Registration, to request and authorize publication of a regularly-filed patent application as a statutory invention registration, to waive the right to receive a United States patent on the same invention claimed in the identified patent application, to agree that the waiver will be effective upon publication of the statutory invention registration, and to state that the identified patent application complies with the requirements for printing. No forms are associated with the petition for a review of the refusal to publish a statutory invention registration or the petition to withdraw the request for publication of a statutory invention registration.

National Medal of Technology

[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices][Page 57337-57338]
National Medal of Technology and Innovation Nomination Application

ACTION: New collection; comment request.
The complete comment request is available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr02oc08-39

SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this new information collection (as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.3506(c)(2)(A)).


DATES: Written comments must be submitted on or before December 1,2008.

ADDRESSES: You may submit comments by any of the following methods:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-00xx NMTI collection comment'' in the subject line of the message.
  
• Fax: 571-273-0112, marked to the attention of Susan K.Fawcett.
  
• Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

I. Abstract

The Competes Act of 2007 abolished the Technology Administration of the Department of Commerce as of August 9, 2007 (sec. 3002). The administration and nomination processing for the National Medal of Technology has been officially transferred by the Commerce Secretary to the United States Patent and Trademark Office (USPTO).

The USPTO is requesting the approval of the new version of the former Technology Administration's nomination form to be officially incorporated into the USPTO information collection inventory.

The National Medal of Technology is the highest honor awarded by the President of the United States to America's leading innovators. Established by an Act of Congress in 1980, the Medal of Technology was first awarded in 1985. The Medal is given annually to individuals, teams, and/or companies/divisions for their outstanding contributions to the Nation's economic, environmental and social well-being through the development and commercialization of technology products, processes and concepts, technological innovation, and development of the Nation's
technological manpower.

The purpose of the National Medal of Technology is to recognize those who have made lasting contributions to America's competitiveness, standard of living, and quality of life through technological innovation, and to recognize those who have made substantial contributions to strengthening the Nation's technological workforce. By highlighting the national importance of technological innovation, the Medal also seeks to inspire future generations of Americans to prepare for and pursue technical careers to keep America at the forefront of global technology and economic leadership.

The National Medal of Technology and Innovation Nomination Evaluation Committee, a distinguished, independent committee appointed by the Secretary of Commerce, reviews and evaluates the merit of all candidates nominated through an open, competitive solicitation process. The committee makes its recommendations for Medal candidates to the Secretary of Commerce, who in turn makes recommendations to the President for final selection. The National Medal of Technology and Innovation Laureates are announced by the White House and the Department of Commerce once the Medalists are notified of their selection.

The public uses the National Medal of Technology and Innovation Nomination Application to recognize through nomination an individual's or company's extraordinary leadership and innovation in technological achievement. The application must be accompanied by six letters of recommendation or support from individuals who have first-hand knowledge of the cited achievement(s).