Trademark Registrations Affidavits

USPTO Director David Kappos' blog entry for Tues., Dec. 15, discusses the filing of trademark affidavits for a registered extension of protection under the Madrid Protocol. To maintain a trademark, registrants must file affidavits denoting use in commerce or excusable nonuse, but the requirements for affidavits differs for registered extensions of protection filed under the Madrid Protocol. While all other trademarks registrations have a six-month filing grace period with the ability to correct deficiencies, registered extensions of protection provide no grace period for the first filing and only a three-month extension for subsequent filings. They also do not allow for correcting deficiencies after the due date.

For more information, see Director Kappos Dec. 15 entry.

Federal Register - Green Technologies Pilot Program

Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Notices][Page 64666-64669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de09-24]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0038]

Pilot Program for Green Technologies Including Greenhouse Gas
Reduction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

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To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr08de09-24

SUMMARY: The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.

DATES: Effective Date: December 8, 2009.

Duration: The Green Technology Pilot Program will run for twelve months from its effective date. Therefore, petitions to make special under the Green Technology Pilot Program must be filed before December 8, 2010. The USPTO may extend the pilot program (with or without modifications) depending on the feedback from the participants and the effectiveness of the pilot program.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Accelerated Examination for Green Technology Patent Applications

If you haven't had a chance yet to check USPTO Director David Kappo's blog, you are missing helpful information. Today's (Dec. 8, 2009) entry gives details about a pilot program designed to reduce the average processing time of green technology patent applications. The program will be open to the first 3,000 applications already on file with the USPTO for which inventors add a no-cost petition indicating "how the invention materially contributes to environmental quality, the discovery or development of renewable energy resources, more efficient utilization and conservation of energy resources, or greenhouse gas emission reduction."

Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures.

Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices][Page 63118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de09-18]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr02de09-18

Title: Requirements for Patent Applications Containing Nucleotide
Sequence and/or Amino Acid Sequence Disclosures.

Needs and Uses: Patent applications that contain nucleotide and/or amino acid sequence disclosures must include a copy of the sequence listing in accordance with the requirements in 37 CFR 1.821-1.825. Applicants may submit sequence listings for both U.S. and international patent applications. The USPTO uses the sequence listings during the examination process to determine the patentability of the associated patent application. Sequence listings are also disclosed as part of the published patent application or issued patent. Applicants use sequence data when preparing biotechnology patent applications and may also search sequence listings after publication.

Under 37 CFR 1.821(e)-(f), applicants must also submit a copy of the sequence listing in ``computer readable form'' (CRF). If the CRF sequence listing in a new application is identical to the CRF sequence listing of another application that the applicant already has on file at the USPTO, the applicant may submit a statement identifying the application and CRF sequence listing that is already on file rather than having to submit a duplicate copy of the CRF listing for the new application. The USPTO is proposing to add a new form to this collection, Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93), in order to assist customers in submitting this statement.

I.T. & Web 2.0 Venture Forum - Rice Alliance

The Rice Alliance for Technology and Entrepreneurship will hosts its 7th annual I.T. & Web 2.0 Venture Forum on Thursday, Dec. 10, 2009. The forum provides an opportunity for I.T. & Web 2.0 technology companies to showcase their ventures before an audience of venture capitalists, investors, industry representatives, business leaders, advisors/mentors, and service providers. The day's activities will end with an announcement of the winners of the Most Promising I.T. & Web 2.0 Companies. See the Rice Alliance site for registration information and a more detailed description.

Federal Register: Patent Application Backlog Reduction Stimulus Plan

[Federal Register: November 27, 2009 (Volume 74, Number 227)][Notices]
[Page 62285-62287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr27no09-36]

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27no09-36
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2009-0040]

Patent Application Backlog Reduction Stimulus Plan

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing an additional temporary basis under which a small entity applicant may have an

[[Page 62286]]

application accorded special status for examination if the applicant expressly abandons another copending unexamined application. This procedure will allow small entity applicants having multiple applications currently pending before the USPTO to have greater controlover the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO.

DATES: Effective Date: November 27, 2009.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at 571-272-7726; or by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Determining Obviousness

Determining whether an invention is obvious and therefore not able to be patented is not as easy as it sounds. Even patent examiners can be challenged by this issue. To help, the USPTO created Examination Guidelines for Determining Obviousness Under U.S.C. 103**[R-6]. The guidelines review pertinent court cases and outline a procedure for searching for prior art that has a bearing on obviousness.

Time Magazine's 50 Best Inventions of 2009

Time Magazine recently picked the 50 best inventions of 2009. Topping the list is NASA's Ares Rocket designed for returning to the moon and venturing to Mars. The rocket is ten times safer than the current shuttles and two to three times safer than competing boosters. Other inventions range from the practical but mundane (light bulb, bladeless fan, smart thermostat) to something out of science fiction (handheld microwave camera that sees through walls, smart bullets, teleportation, eye camera). Time also created a list of the five worst inventions which include a smile monitor for employees at Keihin Electric Express Railway in Japan and a bra that converts to two gas masks.

USPTO Work Sharing With Other Patent Offices

In his Wednesday, Nov. 18, 2009 blog USPTO Director David Kappos discusses the benefits of patent offices from different countries sharing background work leading up to the filing of a patent. Shared work could include prior art searches and office actions that apply similar patentability criteria. However, he emphasized that work sharing would not substitute for decisions about whether an invention is patentable in the United States.

Director Kappos specifically mentioned bilateral agreements among the USPTO, EPO, and JPO made at the Trilateral meetings in Kyoto, Japan last week that will enable the USPTO "to use international search reports, written opinions, and international preliminary examination reports developed within the framework of the international Patent Cooperation Treaty (PCT), in examining patent applications filed at the USPTO."

Trademark Tribal Insignia Database

According to an announcement in the Federal Register, the USPTO has created a database containing the official insignia of all federally and state recognized Native American tribes. Tribes can voluntarily submit insignias to this database. The database serves as a reference to help determine the "the registrability of a mark that may be similar to the official insignia of a Native American tribe." An FAQs page is available with further information including how to search for tribal insignias in the larger USPTO Trademark Database.

USPTO Director's New Blog

On Nov. 10 David Kappos, the new Commerce Under Secretary and USPTO Director, launched a blog to get feedback from the Intellectual Property (IP) community. His first blog entry discusses the Independent Inventors Conference held at USPTO last week, initiatives geared toward small entity inventors, and proposed patent reform legislation including moving to a first to file system.

Kappos says the first to file system represents only a minimal change and would still protect the inventor:

The new system would not create a situation where someone could steal an idea and win a race to the patent office. That person would not be an inventor and would not be eligible for a patent in the first place. Keep in mind that there are stiff penalties in place to protect against that. So the real issue involves the case of simultaneous non-collaborative invention that is currently resolved through the interference system.

He goes on to say that only ".01 percent of all patent applications could be affected by a change to first inventor to file."

Federal Register Notice: USPTO Performance Review Board Members

[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices][Page 54963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc09-33]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2009-0046]
Performance Review Board (PRB)
AGENCY: United States Patent and Trademark Office.
ACTION: Notice.

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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:

• Sharon Barner, 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.
  
• Robert K. Stoll, Commissioner for Patents, United States Patent and Trademark Office.
  
• Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.
  
• Barry K. Hudson, Chief Financial Officer, United States Patent and Trademark Office.
  
• Arti K. Rai, Administrator for External Affairs, United States
  Patent and Trademark Office.
  
• John B. Owens II, Chief Information Officer, United States Patent
  and Trademark Office.
  
• James A. Toupin, General Counsel, United States Patent and
  Trademark Office.

Alternates

• Lois E. Boland, Director, Office of Intellectual Property Policy and Enforcement, United States Patent and Trademark Office.
  
• Deborah S. Cohn, Deputy Commissioner for Trademark Operations, United States Patent and Trademark Office.
  
• Margaret A. Focarino, Deputy Commissioner for Patent Operations,
  United States Patent and Trademark Office.

Dated: October 19, 2009.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. E9-25722 Filed 10-23-09; 8:45 am]

BILLING CODE 3510-16-P

Federal Register: Patents Ombudsman Pilot Program Comment Request

[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices] [Page 55212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

To view the complete text of this Comment Request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27oc09-45

Request for Comments on Patents Ombudsman Pilot Program

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is currently developing a Patents Ombudsman Pilot Program. The Patents Ombudsman Pilot Program is intended to provide patent applicants, attorneys and agents with assistance with application-specific issues including prosecution advancement concerns. The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicant's representatives and examiners or Supervisory Patent Examiners (SPEs). The USPTO is inviting public comment on the proposed Patents Ombudsman Pilot Program.

Comment Deadline Date: Written comments must be received on or before November 27, 2009. No public hearing will be held.

Federal Register: Re. Trademark Signatures, Representatives, and Correspondence Address

[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Rules and Regulations][Page 54898-54912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

To see the complete text of this Final Rule see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr26oc09-4

Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule
SUMMARY: The United States Patent and Trademark Office (``Office'') is revising the Trademark Rules of Practice to set forth the requirements for signature of documents filed in the Office, recognition of representatives, and establishing and changing the correspondence address in trademark cases.

DATES: This rule is effective December 28, 2009.

State & City Patent Statistics Table & Map

The nonprofit State Science and Technology Institute has taken raw data from the USPTO and compiled it into a statistical table that indicates number of patents issued per 100,000 employees by state for FY 2003-2007. The USPTO bases the state of origin of a patent on the resident of the first-named inventor.

Notable trends for this time period include:

• In 2007 the top five states for number of patents issued per 100,000 employees were: Idaho (210.1), Vermont (179.9), California (144.5), Washington (133.1), and Oregon (132.1)
  
• In 2007 the five states/district with the lowest number of patents issued per 100,000 employees were: Alaska (7.7) , District of Columbia (10.5), Hawaii (13.1), Arkansas (14.4), and Louisiana (15.7).
  
• Only seven states and the District of Columbia increased the number of patents per employee: Washington (40.3%), North Dakota (36.5%), D.C. (36.3%), Rhode Island (15.1%), Vermont (13.7%), Oregon (10.6%), Kansas (0.8%), and Nebraska (0.6%).
  
• Texas has consistently ranked 19th or 20th in the number of patents issued per 100,000 employees.

If you'd something more exciting than a table, FreePatentsOnline has come up with an inventive way to display geographic inventor data by creating a Google maps mash-up. Starting with their map of the U.S., click on a state, then a city, then a number (number of patent applications from that area) to see a list of recent patent application numbers and titles contained in their database. You can also use the application numbers to do a "Publication Number Search" in the USPTO applications (AppFT) database.

14th Annual Independent Inventors Conference

The USPTO and the National Inventors Hall of Fame are sponsoring the 14th Annual Independent Inventors Conference at the USPTO campus in Alexandria, Virgina, on Nov. 5-6, 2009. Speakers will include:

• David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO
  
• Roger Kilmer, Director of the Manufacturing Extension Partnership (MEP) at the USPTO and
  
• Don Skomsky inventor and winner of NASA's International Create the Future new technology competition.

Registration is now open and the $120 registration fee includes two days worth of sessions and presentations, refreshments, and lunch. The registration fee also includes access to a pre-conference workshop on Nov. 4 from 5-7 p.m. for beginners to learn about the basics of the patent process.

The American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) are also sponsoring an opening night (Thurs.) reception to foster networking opportunities.

Patent Reexaminations

[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39916-39918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au09-11]
=====================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office

Patent Reexaminations

ACTION: Proposed collection; comment request.

The complete comment request is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr10au09-11

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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 the 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 October 9, 2009.

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

• E-mail: Susan.Fawcett@uspto.gov. Include A0651-00XX Patent Reexaminations 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, Administrative Management Group, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
  
• Federal Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Robert A. Clarke, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or by e-mail at Robert.Clarke@uspto.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents.

Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes reexamination allowing third parties to participate throughout the reexamination proceeding. If a request for ex parte or inter partes reexamination is denied, the requester may petition the Director to review the examiner's refusal of reexamination. The rules outlining ex parte and inter partes reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.

Information requirements related to patent reexaminations are currently covered under OMB Control Number 0651-0033, along with other requirements related to patent issue fees and reissue applications. The USPTO is proposing to move the following items that are under 0651-0033 into a new information collection for Patent Reexaminations: Request for Ex Parte Reexamination Transmittal Form; Request for Inter Partes Reexamination Transmittal Form; Petition to Review the Refusal to Grant
Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter Partes Reexamination; and Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination.

The USPTO is also proposing to include additional items related to patent reexaminations in this new information collection: Request for Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535 Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination; Response to Final Rejection in Ex Parte Reexamination; Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These additional items are existing information requirements that previously were not fully covered by an information collection and are now being included in order to more accurately reflect the burden on the public for submitting requests related to patent reexaminations.

The Requests for Ex Parte and Inter Partes Reexamination are distinct collections from the Request for Ex Parte Reexamination Transmittal Form and the Request for Inter Partes Reexamination Transmittal Form, respectively. Whereas the transmittal forms are used by a requester (patent owner or third party) as a checklist to ensure compliance with the requirements of the statutes and rules for ex parte and inter partes reexaminations, the newly added collections represent the substantive analysis undertaken by a requester of reexamination. Thus, the Requests for Ex Parte and Inter Partes Reexamination are not new requirements. The other items being included in this new

[[Page 39917]]

collection cover additional information that may be submitted by patent owners and third party requesters in relation to a reexamination proceeding. Likewise, these items are existing requirements that previously were not fully covered by an information collection.

The public uses this information collection to request reexamination proceedings and to ensure that the associated fees and documentation are submitted to the USPTO.

New USPTO Director

On August 7, 2009 the U.S. Senate confirmed David Kappos as the Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO). Kappos comes to the USPTO from IBM where, as vice president and assistant general counsel for intellectual property, he managed IBM's patent and trademark portfolios. More information about him is available in a news release.

Federal Register: Trademark Examination Guides Updates

[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33416-33417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-40]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2009-0026]

Trademark Examination Guides 01-09 and 02-09 on Deceptiveness
Refusals

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice
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SUMMARY: The United States Patent and Trademark Office (``USPTO'' or``Office'') is publishing two Trademark Examination Guides (``Guides'') regarding deceptiveness refusals for non-geographic and geographic marks. These Guides, issued on May 11, 2009, are being published to give members of the public notice of them in addition to the notice already provided on the USPTO's Web site. Members of the public may submit comments regarding the Guides. Comments will be given consideration in connection with developing future examination guidance dealing with the subjects of the Guides.

ADDRESSES: The Office prefers that any comments be submitted via electronic mail message to TMFRNotices@uspto.gov. Written comments may also be submitted by mail addressed to: Commissioner for Trademarks,P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of Cynthia C. Lynch; or by hand delivery to the Trademark Assistance Center, Concourse Level, James Madison Building--East Wing, 600 Dulany
Street, Alexandria, Virginia, marked to the attention of Cynthia C.Lynch.

The comments will be available for public inspection on the Office's Web site at http://www.uspto.gov and will also be available at the Office of the Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy Commissioner for Trademark Examination Policy, by electronic mail at: cynthia.lynch@uspto.gov; or by mail addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of Cynthia C. Lynch.

SUPPLEMENTARY INFORMATION: On May 11, 2009, the Office issued Examination Guides 01-09 and 02-09 regarding examination procedures for marks that may be deceptive under either section

[[Page 33417]]

2(a) or section 2(e)(3). Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), prohibits, inter alia, the registration of deceptive matter. Section 2(e)(3) of the Trademark Act, 15 U.S.C. 1052(e)(3), prohibits the registration of primarily geographically deceptively misdescriptive marks. Each Guide reviews and discusses case law regarding: (1) The elements of the refusal; (2) evidentiary issues with respect to the refusal; and (3) procedures for issuing refusals. The Guides may be
found on the Office's Web site at: http://www.uspto.gov/web/offices/ tac/notices/notices.htm.

The purpose of these Guides is to promote consistency in examination and to provide guidance to examining attorneys regarding when deceptiveness refusals must be issued. These Guides do not constitute substantive rulemaking and hence do not have the force and effect of law. They have been developed as a matter of internal Office management and are not intended to create any right or benefit, substantive or procedural, enforceable by any party against the Office. To the extent that earlier guidance from the Office, including certain sections of the Trademark Manual of Examining Procedure (TMEP), 5th edition, is inconsistent with the guidance set forth in the Guides, Office personnel are to follow the Guides. The next revision of the TMEP will be updated accordingly.

Any member of the public may submit written comments on either or both of the Guides. The Office will consider any comments received in connection with developing future examination guidance dealing with the subjects of the Guides. Persons submitting comments should note that the USPTO does not plan to provide a response to or analysis of any comments, as these Guides are not notices of proposed rulemaking.

Dated: July 6, 2009.
John J. Doll,
Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office.
[FR Doc. E9-16424 Filed 7-10-09; 8:45 am]

BILLING CODE 3510-16-P

Houston Inventors Tradeshow 7/12/2009

The Houston Inventors Association annual invention tradeshow will be held Wednesday, August 12, 2009, starting at 5:00 p.m. at the Bayland Community Center, 6400 Bissonnet. The tradeshow gives local inventors a chance to display their inventions and interact with groups who provide services to inventors such as the University of Houston Small Business Development Center. On that morning Deborah Duncan's Great Day Houston television show will spotlight invention. Inventors who wish to participate by displaying an invention or being an audience member should contact Otto Glaser at 713-896-9935.

For more information, see the Houston Inventors Association Web site. Remember, however, if you publicize an invention that is not already patented and you plan to patent it, you must apply for a patent within one year of first public display.

International Patent Application - Amendments to Claims

[Federal Register: July 1, 2009 (Volume 74, Number 125)] [Rules and Regulations] [Page 31372-31373] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01jy09-8]

DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2009-0025] RIN 0651-AC34 July 2009 Revision of Patent Cooperation Treaty Procedures AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule.

SUMMARY: The United States Patent and Trademark Office (USPTO) is revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that take effect on July 1, 2009. These amendments result in a change to the procedure under the PCT whereby applicants may make amendments to the claims in an international application. DATES: Effective Date: The changes to 37 CFR 1.485 are effective on July 1, 2009.

FOR FURTHER INFORMATION CONTACT: Richard R. Cole, Senior Legal Examiner, Office of PCT Legal Administration (OPCTLA) directly by telephone at (571) 272-3281, or by facsimile at (571) 273-0459.

SUPPLEMENTARY INFORMATION: During the September 2008 meeting of the Governing Bodies of the World Intellectual Property Organization (WIPO), the PCT Assembly adopted various amendments to the Regulations under the PCT that enter into force on July 1, 2009. The amended PCT Regulations were published in the PCT Gazette of December 11, 2008 (38/ 2008), at pages 166-167. The amendments include provisions which modify the procedures for making amendments to the claims in an international application. The Patent Cooperation Treaty (PCT) enables an applicant to file one application, ``an international application'' or a ``PCT application,'' in a standardized format in a PCT Receiving Office and have that application acknowledged as a regular national or regional filing in as many Contracting States to the PCT as the applicant desires. The requirements for PCT applications are specified in the PCT Treaty Articles and the Regulations issued under the PCT Treaty (the PCT Regulations). Certain requirements of the PCT Treaty and PCT Regulations are reiterated in the USPTO's rules of practice in 37 CFR for the convenience of patent applicants. Changes to the PCT Regulations (PCT Rules 46.5 and 66.8) that govern the manner of making amendments to the claims in international applications will become effective on July 1, 2009. Under the current PCT Regulations, applicants are required to submit replacement pages for only those pages which contain changes, where under the revised PCT Regulations applicants will be required to submit a complete set of the claims when amending any of the claims. The USPTO's rules of practice in 37 CFR (37 CFR 1.485) set forth the current practice for amending claims and must be changed to be consistent with the changes to the PCT Regulations. The changes to 37 CFR 1.485 are effective on July 1, 2009, and apply to any amendment filed in an international application on or after that date regardless of the filing date of the international application.

Michael Jackson Patent

Michael Jackson is known as the King of Pop, but did you know he was also an inventor? Although he made most of his dance moves through talent and practice, when he and fellow dancers leaned at a 45 degree angle, they were wearing special shoes Michael created. Michael patented the special shoes as Patent 5,255,452, Method and means for creating anti-gravity illusion.

Michael is not the only celebrity who has a patent. Wikipedia has an A-Z list of celebrity patent holders including Hedy Lamar for her Patent 2,292,387, Secret communication system, which is the basis for modern wireless communication systems such as cordless telephones and WiFi Internet connections.

Patent Public Advisory Committee Meeting June 18, 2009

Even if you cannot be physically present at the Patent Public Advisory Committee meeting on June 18 from 11:00 a.m. to 2:15 p.m. in Alexandria, Virgina, you can attend via webcast or teleconference. An agenda and instructions for connecting to the webcast or teleconference are available now for the public section of the meeting.

Collegiate Inventors Competition

Children have an opportunity to stretch their horizons by participating in Camp Invention during the summer. College and graduate students have a chance to extend that participation to a higher level in the annual Collegiate Inventors Competition. The deadline for participating this year is June 16, 2009. Last year's grand prize winner was Timothy Lu of Harvard Medical School and Massachusetts Institute of Technology for inventing Combating Antibiotic-Resistant Bacteria and Bacterial Biofilms with Engineered Bacteriophage and Synthetic Gene Sensors.

Camp Invention for Kids

Are you looking for activities that will challenge your children's creativity and brain power in a fun setting this summer? Camp Invention by Invent Now Kids, a subsidiary of the National Inventors Hall of Fame, might be just the ticket with locations all around the country. For more information, consult the Camp Invention web site.

Chat with USPTO Officials

Now is your chance to talk directly with senior USPTO officials. On Thursday, May 21, 2009 from 2 to 3 pm (EDT), the officials will be available to answer questions and give tips to independent inventors. You'll be able to see instructions about how to participate in the on-line chat on the home page of the USPTO web site at 10 am (EDT) Thursday and can start logging in at 1:30 pm (EDT).

A wealth of information is also available from the A-Z listing of previous chat transcripts.

National Trademark Expo - May 8-9

In order to stress the important role trademarks play in our society, the USPTO is hosting its annual Trademark Expo at its 600 Dulany Street campus in Alexandria, Virginia. From 10 a.m. to 6 p.m. on Friday, May 8, and from 10 a.m. to 4 p.m. on Sat., May 9, the family-friendly event will include opportunities to interact with legendary trademark characters including the Pillsbury Doughboy, Bettle Bailey, Dennis the Menace, the Cat in the Hat, Smokye Bear, and Popeye and Olive Oyl. Companies including Bridgestone and Hershey and local businesses including Hooray for Books of Alexandria will also participate. See the complete list of exhibitors for more information.

The Air Force Band will play for the opening ceremony at 10:00 a.m. on Friday and display Air Force trademarks: the Air Force Symbol, the Air Force Coat of Arms, the Air Force Thunderbirds Emblem, and the "Hap Arnold", which is also known as the Army Air Corps Symbol.

[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Notices][Page 11919-11920]

The complete notice is available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr20mr09-34
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Privacy Act of 1974; System of Records
AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed new Privacy Act system of records.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO) is giving notice of a new system of records that is subject to the Privacy Act of 1974. The information in this system of records is used to disseminate information to customers who have made online information requests, registered for access to information available through web portals provided by the USPTO, subscribed to news updates, or have otherwise provided contact information in order to access or receive information from the USPTO.

The proposed new system of records, ``COMMERCE/PAT-TM-23 User Access for Web Portals and Information Requests,'' is published in its entirety (at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr20mr09-34).

Patent & Trademark Public Advisory Committees

[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices][Page 11718-11719]

For the complete notice access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr19mr09-41

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office
[PTO-C-2009-0009]

Public Advisory Committees

AGENCY: United States Patent and Trademark Office.
ACTION: Notice and request for nominations for Public Advisory Committees.
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SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). Due to the expiration of current members' terms, the USPTO is requesting nominations for three (3) members to the Patent Public Advisory Committee (PPAC) and two (2) members to the Trademark Public Advisory Committee (TPAC) for terms of three years that begin from date of appointment.

DATES: Nominations must be postmarked or electronically transmitted on or before May 15, 2009.

ADDRESSES: Persons wishing to submit nominations should send the nominee's resume to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450; by electronic mail to: PPACnominations@uspto.gov for the Patent Public Advisory Committee or TPACnominations@uspto.gov for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff's attention at (571) 273-0464, or by mail marked to the Chief of Staff's attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office, Box 1450, Alexandria, Virginia 22313-1450. Self-nominations are perfectly acceptable.

FOR FURTHER INFORMATION CONTACT: Eleanor K. Meltzer, Chief of Staff, by facsimile transmission marked to her attention at (571) 273-0464, by mail marked to her attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450, or by telephone at: (571) 272-7660.

National Medal of Technology and Innovation Nomination

[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices][Page 11717-11718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

To see the complete commment request access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr19mr09-40

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DEPARTMENT OF COMMERCE
Patent and Trademark Office

National Medal of Technology and Innovation Nomination
Application

ACTION: Proposed collection; comment request.
SUPPLEMENTARY INFORMATION:

I. Abstract

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 firsthand knowledge of the cited achievement(s).


II. Method of Collection

The nomination application and instructions can be downloaded from the USPTO Web site. Nomination files should be submitted by electronic mail. Alternatively, letters of recommendation may be sent by electronic mail, fax or overnight delivery.

National Inventors Hall of Fame Moved to USPTO

The National Inventors Hall of Fame has relocated to the museum at the USPTO campus in Alexandria, Virginia. To celebrate the move, the Hall of Fame created a new display about its inductees entitled "Inventive Links." The display shows how the inventions, patents, trademarks, and circumstances of the lives of the almost 400 inventors inducted into the Hall of Fame are interconnected. It reveals how their seemingly unrelated inventions have led to major technological achievements. Information about inductees' lives is also available from an interactive kiosk.

Comments - Deferred Examination for Patent Applications

[Federal Register: March 9, 2009 (Volume 74, Number 44)] [Notices] [Page 10036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-39]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2008-0063]
Extension of Time for Comments on Deferred Examination for Patent Applications
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments; extension of comment period.
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SUMMARY: The United States Patent and Trademark Office (USPTO) conducted a roundtable to obtain public input on deferral of examination for patent applications, and invited the public to submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination. Comment Deadline Date: The deadline for receipt of written comments is May 29, 2009.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to AC6comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Robert W. Bahr. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The written comments and list of the roundtable participants and their associations will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.
FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-8800, by electronic mail message at robert.bahr@uspto.gov, or by mail addressed to: Mail Stop Comments-- Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313- 1450, marked to the attention of Robert W. Bahr.
SUPPLEMENTARY INFORMATION: The USPTO conducted a roundtable to determine whether or not there is support in the patent community and/ or the public sector for the adoption of some type of deferral of examination. See Request for Comments and Notice of Roundtable on Deferred Examination for Patent Applications, 74 FR 4946 (Jan. 28, 2009), 1339 Off. Gaz. Pat. Office 153 (Feb. 24, 2009) (notice). The USPTO also invited written comments by any member of the public on the issues raised at the roundtable, or on any issue pertaining to deferral of examination. See Request for Comments and Notice of Roundtable on Deferred Examination for Patent Applications, 74 FR at 4947, 1339 Off. Gaz. Pat. Office at 154. The USPTO Webcast the roundtable and a video recording of the roundtable is available on the USPTO's Internet Web site. The USPTO is extending the comment period to provide interested members of the public with an additional opportunity to view the Webcast before submitting comments to the USPTO.
Dated: March 3, 2009. John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office. [FR Doc. E9-4897 Filed 3-6-09; 8:45 am]
BILLING CODE 3510-16-P

EPO's New Patent Valuation Tool

Individual inventors and small to mid-sized companies might be interested in a new tool from the European Patent Office (EPO) that aids in estimating the value of a patent or of a company's patent portfolio. A press release from the EPO states that IPscore "uses 40 factors to assess each patent and visualises the input in spider and portfolio diagrams." To explain how to use the tool, the EPO has posted a brief introductory video entitled "Patent Portfolio Management with IPscore." The EOP is also hosting an online virtual classroom session and a two-day training course. Further information is available from IPscore

Federal Register - Madrid Protocol

[Federal Register: February 6, 2009 (Volume 74, Number 24)]
[Notices][Page 6269-6271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

The complete comment request is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr06fe09-29

DEPARTMENT OF COMMERCE
Patent and Trademark Office
Madrid Protocol

ACTION: Proposed collection; comment request.

SUPPLEMENTARY INFORMATION:


I. Abstract

This collection of information is required by the Trademark Act of 1946, 15 U.S.C. 1051 et seq., which provides for the Federal registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks.

Individuals and businesses that use or intend to use such marks in commerce may file an application to register the marks with the United States Patent and Trademark Office (USPTO).

The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (``Madrid Protocol'') is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (``IB'') of the World Intellectual Property Organization (``WIPO'') in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002amended the Trademark Act to provide that:

(1) The owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application to the IB through the USPTO, and
(2) the holder of an international registration may request an extension of protection of the international registration to the United States.

The Madrid Protocol became effective in the United States on November 2,2003, and is implemented under 15 U.S.C. 1141 et seq. and 37 CFR Part 2 and Part 7.

An international application submitted through the USPTO must be based on an active U.S. application or registration and must be filed by the owner of the application or registration. The USPTO reviews the international application to certify that it corresponds to the data contained in the existing U.S. application or registration before forwarding the international application to the IB. The IB then reviews the international application to determine whether the Madrid filing requirements have been met and the required fees have been paid. If the international application is unacceptable, the IB will send a notice of irregularity to the USPTO and the applicant. The applicant must respond to the irregularities to avoid abandonment, unless a response from the USPTO is required. After any irregularities are corrected and the application is accepted, the IB registers the mark, publishes the registration in the WIPO Gazette of International Marks, and sends a certificate to the holder.

When the mark is registered, the IB notifies each country designated in the application of the request for extension of protection. Once an international registration has been issued, the holder may also file subsequent designations to request an extension of protection to additional countries.

Under Section 71 of the Trademark Act, a registered extension of protection to the United States will be cancelled unless the holder of the international registration periodically files affidavits of continued use in commerce or excusable nonuse. These affidavits cannot be filed until five years after the USPTO registers an extension of protection. Since the USPTO will not be
[[Page 6270]]
accepting these affidavits until February 1, 2010, the estimated burden for these affidavits will not be included in this collection at this time.

This collection includes the information necessary for the USPTO to process applications for international registration and related requests under the Madrid Protocol. The USPTO provides electronic forms for filing the Application for International Registration, Subsequent Designation, and Response to a Notice of Irregularity online through the USPTO Web site. An electronic form for the Request for Transformation is under development. Applicants may also submit the items in this collection on paper or by using the forms provided by the IB, which are available on the WIPO Web site. The IB requires Applications for International Registration and Subsequent Designations that are filed on paper to be submitted on the official IB forms.

Trademark Expo Entries due by Feb. 17

The USPTO is inviting individuals, companies,non-profit organizations and educational institutions that own a valid registered United States trademark to apply by Feb. 17, 2009 to exhibit at the annual Trademark Expo to be held on May 8-9. The USPTO will notify by March 1 those selected to exhibit and will evaluate applications based on:

• brand recognition,
  
• educational value of the proposed exhibit and
  
• category diversity.

More information and a link to apply to exhibit is available at http://www.uspto.gov/main/homepagenews/2008nov17.htm.

Webcasts of Patent & Trademark Public Advisory Committee Meetings

The USPTO will webcast public sessions of the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC).

The PPAC meeting will be webcast on Friday, Feb. 13, 9:30 a.m. to 3:00 p.m. Instructions for accessing the session and an agenda are available at http://www.uspto.gov/web/offices/com/advisory/notices/meetings2009feb13.htm.

The TPAC will be webcast on Friday, Feb. 20, 9 a.m to noon. Instructions for accessing the session and an agenda are available at http://www.uspto.gov/web/offices/com/advisory/notices/meetings2009feb20.htm

Federal Register - Deferred Examination for Patent Applications

[Federal Register: January 28, 2009 (Volume 74, Number 17)]
[Notices][Page 4946-4947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja09-23]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2008-0063]

Request for Comments and Notice of Roundtable on Deferred Examination for Patent Applications
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice; Request for comments.
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SUMMARY: The United States Patent and Trademark Office (USPTO) frequently receives suggestions that the USPTO adopt a deferral of examination procedure. The USPTO is conducting a roundtable to obtain public input from diverse sources to determine whether the support expressed for deferral of examination is isolated or whether there is general support in the patent community and/or the public sector generally for the adoption of some type of deferral of examination. The roundtable is open to the public. Members of the public who wish to participate in the roundtable must do so by request, as the number of participants in the roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. Members of the public who wish solely to observe need not submit a request. Any member of the public may submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination.

DATES: The roundtable will be held on Thursday, February 12, 2009, beginning at 9 a.m. and ending at 12:30 p.m.

The deadline for receipt of requests to participate in the roundtable is 5 p.m. on Thursday, February 5, 2009.

The deadline for receipt of written comments is February 26, 2009.

ADDRESSES: The roundtable will be held in at the USPTO, in the Madison Auditorium on the concourse level of the Madison Building, which is located at 600 Dulany Street, Alexandria, Virginia.

Requests to participate at the roundtable are required and must be submitted by electronic mail message through the Internet to robert.bahr@uspto.gov. Requests to participate at the roundtable should indicate the following information: (1) the name of the person desiring to participate and his or her contact information (telephone number and electronic mail address); and (2) the organization(s) he or she represents.

Written comments should be sent by electronic mail message over the Internet addressed to AC6comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Robert W. Bahr. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments and list of the roundtable participants and their associations will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web
[[Page 4947]]
site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-8800, or by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Robert W. Bahr.

SUPPLEMENTARY INFORMATION: Currently, many intellectual property (IP) offices that substantively examine patent applications do not perform a substantive examination on every patent application that is filed in the respective office. Specifically, a patent application is not given a substantive examination in many IP offices unless and until an applicant submits an express request for examination, and the failure to file any such request for examination within a specified time period results in abandonment or withdrawal of the application. This practice is commonly referred to as ``deferred examination.''

In the United States, the mere filing of a patent application and payment of the applicable fees is effectively a request for examination of the application. The USPTO frequently receives suggestions that the USPTO adopt a deferral of examination procedure. The USPTO has in place an optional deferred examination procedure that was adopted as part of the rule making to implement eighteen-month publication of patent applications. See Changes to Implement Eighteen-Month Publication of Patent Applications, 65 FR 57023, 57033, 57056 (Sept. 20, 2000), 1239 Off. Gaz. Pat. Office 63, 71-72, 92 (Oct. 10, 2000) (final rule). This deferral of examination procedure permits deferral of examination for up to three years from the earliest filing date for which a benefit is claimed under title 35, United States Code. See 37 CFR 1.103(d). The deferral of examination procedure set forth in 37 CFR 1.103(d), however, has been used in fewer than two hundred applications since its inception on November 29, 2000 (the effective date of eighteen-month publication and 37 CFR 1.103(d)).

The USPTO is conducting a roundtable to determine whether the support expressed for deferral of examination is isolated or whether there is general support in the patent community and/or the public sector generally for the adoption of some type of deferral of examination. The number of participants in the roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. The USPTO plans to invite a number of participants from patent user, practitioner, industry, and independent inventor organizations, academia, industry, and government. The USPTO also plans to have a few ``at-large'' participants based upon requests received in response to this notice to ensure that the USPTO is receiving a balanced array of views on deferral of examination.

The roundtable is open to the public, but participation in the roundtable is by request, as the number of participants in the roundtable is limited. While members of the public who wish to participate in the roundtable must do so by request, members of the public who wish solely to observe need not submit a request. Any member of the public, however, may submit written comments on issues raised at the roundtable or on any pertaining to deferral of examination, for consideration by the USPTO. Persons submitting written comments should note that the USPTO does not plan to provide a ``comment and response'' analysis of such comments as this notice is not a notice of proposed rule making.

The USPTO plans to make the roundtable available via Web cast. Web cast information will be available on the USPTO's Internet Web site before the roundtable. The written comments and list of the roundtable participants and their associations will be posted on the USPTO's Internet Web site.

Dated: January 22, 2009.
John J. Doll, Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.

[FR Doc. E9-1740 Filed 1-27-09; 8:45 am]

BILLING CODE 3510-16-P

Patent Maintenance Fees

[Federal Register: January 27, 2009 (Volume 74, Number 16)]
[Notices][Page 4737-4738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja09-16]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
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: Rules for Patent Maintenance Fees.

Form Number(s): PTO/SB/45/47/65/66.

Agency Approval Number: 0651-0016.

Type of Request: Revision of a currently approved collection.

Burden: 33,426 hours annually.

Number of Respondents: 470,397 responses per year.

Avg. Hours per Response: The USPTO estimates that it will take the public approximately 20 seconds (0.006 hours) to eight hours to complete this information, depending on the form or petition. This includes time to gather the necessary information, prepare the form or petition, and submit the completed request.

Needs and Uses: Under 35 U.S.C. 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the USPTO charges fees for maintaining in force all utility patents based on applications filed on or after December 12, 1980. Payment of these maintenance [[Page 4738]] fees is due at 3\1/2\, 7\1/2\, and 11\1/2\ years after the date the patent was granted. If the USPTO does not receive payment of the appropriate maintenance fee and any applicable surcharge within a grace period of six months following each of the above intervals, the patent will expire and no longer be enforceable. The public uses this collection to submit patent maintenance fee payments, to file petitions regarding delayed or refused payments, and to designate an address to be used for fee-related correspondence.

Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.

Frequency: On occasion and three times at four-year intervals following the grant of the patent.

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

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

Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at www.reginfo.gov.

Paper copies can be obtained by:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0016 Rules for Patent Maintenance Fees copy request'' 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, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before February 25, 2009 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: January 15, 2009.
Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division.

[FR Doc. E9-1617 Filed 1-26-09; 8:45 am]
BILLING CODE 3510-16-P

Public Key Infrastructure (PKI) Certificate Action Form

[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices][Page 890]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja09-24]

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DEPARTMENT OF COMMERCE
Patent and Trademark Office
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: Public Key Infrastructure (PKI) Certificate Action Form.
Form Number(s): PTO-2042.
Agency Approval Number: 0651-0045.
Type of Request: Extension of a currently approved collection.
Burden: 1,383 hours annually.
Number of Respondents: 4,126 responses per year.
Avg. Hours Per Response: The USPTO estimates that it will take the public approximately 30 minutes (0.5 hours) to read the instructions and subscriber agreement, gather the necessary information, prepare the Certificate Action Form, and submit the completed request. The USPTO estimates that it will take the public approximately 10 minutes (0.17 hours) to complete and electronically submit the information required for certificate self-recovery.

Needs and Uses: The USPTO uses Public Key Infrastructure (PKI) technology to support electronic commerce between the USPTO and its customers. In order to access secure online systems offered by the USPTO for transactions such as electronic filing of patent applications and retrieving confidential patent application information, customers must first obtain a digital certificate. The public uses this collection to request a new digital certificate, the revocation of a current certificate, or the recovery of a lost certificate. This collection includes the existing Certificate Action Form (PTO-2042), which is provided by the USPTO to ensure that customers submit the necessary information for processing certificate requests. The accompanying subscriber agreement explains the regulations governing the use of the digital certificates and the software that creates and validates the encryption keys. The online self-recovery form allows the public to recover lost keys without having to contact support staff at the USPTO.

Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.
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.

Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at http://www.reginfo.gov.

Paper copies can be obtained by:

• E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0045 PKI Certificate Action Form copy request'' 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, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before February 9, 2009, to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: January 5, 2009.
Susan K. Fawcett,Records Officer, USPTO, Office of the Chief Information Officer,
Customer Information Services Group, Public Information Services Division.
[FR Doc. E9-185 Filed 1-8-09; 8:45 am]

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National Medal of Technology and Innovation Nomination Evaluation Committee

[Federal Register: January 8, 2009 (Volume 74, Number 5)]
[Notices][Page 800-801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja09-20]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2008-0058]

National Medal of Technology and Innovation Nomination Evaluation Committee

AGENCY: United States Patent and Trademark Office.

ACTION: Notice and request for nominations.

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SUMMARY: The Department of Commerce (United States Patent and Trademark Office) is requesting nominations of individuals to serve on the National Medal of Technology and Innovation Nomination Evaluation Committee. The United States Patent and Trademark Office will consider nominations received in response to this notice as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.
[[Page 801]]

DATES: Please submit nominations within 60 days of the publication of this notice.

ADDRESSES: Nominations should be submitted to Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. Nominations also may be submitted via fax: (571) 270-9100 or by electronic mail to: nmti@uspto.gov.

FOR FURTHER INFORMATION CONTACT: Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, telephone (571) 272-7640, or electronic mail: nmti@uspto.gov.

SUPPLEMENTARY INFORMATION: The committee was established in accordance with the Federal Advisory Committee Act (FACA) (Title 5, United States Code, Appendix 2). The following provides information about the committee and membership:

Committee members are appointed by and serve at the discretion of the Secretary of Commerce. The committee provides advice to the Secretary on the implementation of Public Law 96-480 (15 U.S.C.3711), as amended August 9, 2007.

The committee functions solely as an advisory body under the FACA. Members are appointed to the 12-member committee for a term of three years. Each will be reevaluated at the conclusion of the three-year term with the prospect of renewal, pending advisory committee needs and the Secretary's concurrence. Selection of membership is made in accordance with applicable Department of Commerce
guidelines.

Members are responsible for reviewing nominations and making recommendations for the Nation's highest honor for technological innovation, awarded annually by the President of the United States.

Members of the committee must have an understanding of, and experience in, developing and utilizing technological innovation and/or be familiar with the education, training, employment and management of technological manpower.

Under the FACA, membership on a committee must be balanced. To achieve balance, the Department is seeking additional nominations of candidates from small, medium-sized, and large businesses or with special expertise in the following sub-sectors of the technology enterprise:
Medical Innovations/Bioengineering and Biomedical Technology/Technology
Management/Computing/IT/Manufacturing Innovation/Technological
Manpower/Workforce Training/Education

Committee members generally are Chief Executive Officers or former Chief Executive Officers; former winners of the National Medal of Technology and Innovation; presidents or distinguished faculty of universities; or senior executives of non-profit organizations. As such, they not only offer the stature of their positions but also possess intimate knowledge of the forces determining future directions for their organizations and industries. The committee as a whole is balanced in representing geographical, professional, and diverse interests.

Nomination Information:
Nominees must be United States citizens, must be able to fully participate in meetings pertaining to the review and selection of finalists for the National Medal of Technology and Innovation, and must uphold the confidential nature of an independent peer review and competitive selection process.

The United States Patent and Trademark Office is committed to equal opportunity in the workplace and seeks a broad-based and diverse committee membership.

Date: December 2, 2008.
Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E9-104 Filed 1-7-09; 8:45 am]

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Federal Register - National Medal of Technology & Innovations Nominations

[Federal Register: January 8, 2009 (Volume 74, Number 5)]
[Notices][Page 801-802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja09-21]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2008-0059]

National Medal of Technology and Innovation Call for 2009
Nominations
AGENCY: United States Patent and Trademark Office.
ACTION: Notice and request for nominations.
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SUMMARY: The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through the promotion of technology or technological manpower, you may obtain a nomination form from: http://www.uspto.gov/nmti.

Eligibility and Criteria: Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at http://www.uspto.gov/nmti.

DATES: The deadline for submission of an application is May 29, 2009.

ADDRESSES: The NMTI Nomination form for the year 2009 may be obtained by visiting the Web site at http://www.uspto.gov/nmti. Nomination applications should be submitted to Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, by electronic mail to: NMTI@uspto.gov or by mail to: Jennifer Lo, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

FOR FURTHER INFORMATION CONTACT: Jennifer Lo, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, telephone (571) 272-7640, or electronic mail: nmti@uspto.gov.

SUPPLEMENTARY INFORMATION: Enacted by Congress in 1980, the Medal of Technology was first awarded in 1985. On August 9, 2007, the President signed the America COMPETES (Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science) Act of 2007. The Act amended section 16 of the Stevenson-Wydler Technology Innovation Act of 1980, changing the name of the Medal to the ``National Medal of Technology and Innovation.'' The Medal is the highest honor awarded by the President of the United States to America's leading innovators in the field of technology, and is given annually to individuals, teams, or companies who have made outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental or social well-being of the United States.

The primary purpose of the National Medal of Technology and Innovation is to recognize American innovators whose vision, creativity, and brilliance in moving ideas to market have had a profound and lasting impact on our economy and way of life. The Medal highlights the national importance of [[Page 802]]fostering technological innovation based upon solid science, resulting in commercially successful products and services.

Dated: December 2, 2008. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E9-102 Filed 1-7-09; 8:45 am]

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Federal Register Notice: Mifamurtide Interim Extension

[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Notices][Page 79451]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-42]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2008-0060]

Grant of Interim Extension of the Term of U.S. Patent No.4,971,802; Mifamurtide

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.
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SUMMARY: The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 4,971,802.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo by telephone at (571) 272-7728; by mail marked to his attention and addressed to the Commissioner for Patents, Mail Stop Hatch-Waxman PTE, P.O. Box 1450, Alexandria, VA 22313-1450; by fax marked to his attention at (571) 273-7728, or by e-mail to Raul.Tamayo@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 October 10, 2008, IDM Pharma, agent/licensee of patent owner Novartis, timely filed an application under 35 U.S.C. 156(d)(5) for a second interim extension of the term of U.S. Patent No. 4,971,802.

Claims of the patent cover the product Mifamurtide having the active ingredient muramyl tripeptide phosphatidyl ethanolamine. The application indicates, and the Food and Drug Administration has confirmed, that a New Drug Application for the human drug product Mifamurtide has been filed and is currently undergoing regulator 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 an additional 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 extended expiration date of the patent (November 20, 2008), interim extension of the patent term under 35 U.S.C. 156(d)(5) is appropriate.

A second interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. Patent No. 4,971,802 is granted for a period of one year from the extended expiration date of the patent, i.e., until November 20, 2009.

Dated: December 18, 2008.
John J. Doll, Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director of the United States Patent and Trademark Office.

[FR Doc. E8-30781 Filed 12-24-08; 8:45 am]
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