Federal Register: December 8, 2010 (Volume 75, Number 235)]
[Notices][Page 76401-76405]
Pilot Program for Extended Time Period To Reply to a Notice To
File Missing Parts of Nonprovisional Application
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr08de10-50
-------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) previously published a notice requesting comments on a proposed change to missing parts practice in nonprovisional applications. The USPTO has considered the comments and is implementing a pilot program (Extended Missing Parts Pilot Program) in which an applicant can request a twelve-month time period to pay certain fees and to reply to a Notice to File Missing Parts of Nonprovisional Application. Under the Extended Missing Parts Pilot Program, applicant must file a nonprovisional application within twelve months of the filing date of a provisional application and directly claim the benefit of the provisional application, as well as submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application. In addition, applicant must not file a nonpublication request. Applicant will be given a twelve-month period to decide whether the nonprovisional application should be completed by paying the search fee, the examination fee, any excess claim fees, and the surcharge ($130.00 for non-small entity or $65.00 for small entity) for the late submission of the search fee and examination fee within that twelve-month period. The nonprovisional application will be published under the existing eighteen-month publication provisions. Therefore, applicant should also submit the basic filing fee, an executed oath or declaration, and application papers that are in condition for publication, on filing of the application with the request to participate in the pilot. If the basic filing fee, an executed oath declaration, and/or application papers that are in condition for publication are not submitted with the application and the request to participate in the pilot, applicant will need to submit these items within a two-month (extendable) time period. In view of the comments, the USPTO is cautiously moving forward by implementing the proposed procedure as a pilot program. Specifically, the pilot program will require applicant to submit a certification and request to participate in the pilot program, rather than automatically applying the procedure to all applicants. The USPTO is providing a certification and request form that includes educational information regarding domestic benefit claims, foreign filings, patent term adjustment (PTA) effects, the need for a complete disclosure of the invention, potential increase in fees, and the benefits of submitting a complete set of claims. In addition, the USPTO is implementing a number of educational initiatives to assist independent inventors and other applicants. The Extended Missing Parts Pilot Program will benefit applicants by permitting additional time to determine if patent protection should be sought--at a relatively low cost--and by permitting applicants to focus efforts on commercialization during this period. The Extended Missing Parts Pilot Program will benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which applicants later decide not to pursue examination. Applicants are advised that the extended missing parts period does not affect the twelve-month priority period provided by the Paris Convention for the Protection of Industrial Property. Thus, any foreign filings must still be made within twelve months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application or if protection is desired in a country requiring filing within twelve months of the earliest application for which rights are left outstanding in order to be entitled to priority.
DATES: Effective Date: December 8, 2010.
Duration: The Extended Missing Parts Pilot Program will run for twelve months from its effective date. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed before December 8, 2011. The USPTO may extend the pilot program (with or [[Page 76402]] without modifications) depending on the feedback received and the effectiveness of the pilot program.
Wednesday, December 8, 2010
Wednesday, November 10, 2010
Green Technology Pilot Program Extended
[Federal Register: November 10, 2010 (Volume 75, Number 217)]
[Notices][Page 69049-69050]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no10-35]
--------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office [Docket No.: PTO-P-2010-0083]
Expansion and Extension of the Green Technology Pilot Program
To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr10no10-35
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
---------------------------------------------------------
SUMMARY: On December 8, 2009, the United States Patent and Trademark Office (USPTO) implemented the Green [[Page 69050]] Technology Pilot Program, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier.
DATES: Effective Date: November 10, 2010.
Duration: The Green Technology Pilot Program will run until December 31, 2011, except that the USPTO will accept only the first 3,000 grantable petitions to make special under the Green Technology Pilot Program in unexamined applications irrespective of the filing date of the application.
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; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
[Notices][Page 69049-69050]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no10-35]
--------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office [Docket No.: PTO-P-2010-0083]
Expansion and Extension of the Green Technology Pilot Program
To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr10no10-35
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
---------------------------------------------------------
SUMMARY: On December 8, 2009, the United States Patent and Trademark Office (USPTO) implemented the Green [[Page 69050]] Technology Pilot Program, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier.
DATES: Effective Date: November 10, 2010.
Duration: The Green Technology Pilot Program will run until December 31, 2011, except that the USPTO will accept only the first 3,000 grantable petitions to make special under the Green Technology Pilot Program in unexamined applications irrespective of the filing date of the application.
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; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Tuesday, November 2, 2010
U.S./European Joint Patent Classification System
According to an Oct. 25, 2010 press release, the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) are working to establish a joint patent classification system. The new system will align the U.S. and EPO classification systems with the International Patent Classification (IPC) system administered by the World Intellectual Property Organization (WIPO). To improve searching capabilities the new system will be more detailed than the present IPC.
Thursday, October 28, 2010
Native American Tribal Insignia Database
[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices][Page 65611-65612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-34]
=================================================
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Native American Tribal Insignia Database
ACTION: Proposed collection; comment request.
To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr26oc10-34
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SUPPLEMENTARY INFORMATION:
I. Abstract
The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, Sec. 302, 112 Stat. 3071) required the United States Patent and Trademark Office (USPTO) to study issues surrounding the protection of the official insignia of federally- and State-recognized Native American tribes under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally- and State-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database.
The USPTO database of official tribal insignias assists trademark attorneys in their examination of applications for trademark registration. Additionally, the database provides evidence of what a federally- or State-recognized Native American tribe considers to be its official insignia. The database serves as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database is also available to the public on the USPTO Web site.
Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of Federal trademark registration, and is not a determination as to whether a particular insignia would be refused registration as a trademark pursuant to 15 U.S.C. 1051 et seq.
Requests from federally-recognized tribes to enter an official insignia into the database must be submitted in writing and include:(1) A depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution.
Requests from State-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally-recognized tribes. Additionally, requests from State-recognized tribes must include either: (a) A document issued by a State official that evidences the State's determination that the entity is a Native American tribe; or (b) a citation to a State statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally- or State-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request.
This collection includes the information needed by the USPTO to enter an official insignia for a federally- or State-recognized Native American tribe into a database of such insignia. No forms are associated with this collection.
[Notices][Page 65611-65612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-34]
=================================================
-------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Native American Tribal Insignia Database
ACTION: Proposed collection; comment request.
To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr26oc10-34
--------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. Abstract
The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, Sec. 302, 112 Stat. 3071) required the United States Patent and Trademark Office (USPTO) to study issues surrounding the protection of the official insignia of federally- and State-recognized Native American tribes under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally- and State-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database.
The USPTO database of official tribal insignias assists trademark attorneys in their examination of applications for trademark registration. Additionally, the database provides evidence of what a federally- or State-recognized Native American tribe considers to be its official insignia. The database serves as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database is also available to the public on the USPTO Web site.
Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of Federal trademark registration, and is not a determination as to whether a particular insignia would be refused registration as a trademark pursuant to 15 U.S.C. 1051 et seq.
Requests from federally-recognized tribes to enter an official insignia into the database must be submitted in writing and include:(1) A depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution.
Requests from State-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally-recognized tribes. Additionally, requests from State-recognized tribes must include either: (a) A document issued by a State official that evidences the State's determination that the entity is a Native American tribe; or (b) a citation to a State statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally- or State-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request.
This collection includes the information needed by the USPTO to enter an official insignia for a federally- or State-recognized Native American tribe into a database of such insignia. No forms are associated with this collection.
Thursday, October 14, 2010
Performance Review Board (PRB) Appointments
Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices][Page 63147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr14oc10-42] (Reformatted for Web)
----------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0077]
Performance Review Board (PRB)
Agency: United States Patent and Trademark Office, Commerce.
Action: Notice.
------------------------------------------------------
SUMMARY: In conformance with the Civil Service Reform Act of 1978, 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) 272-8717.
SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-25860 Filed 10-13-10; 8:45 am] BILLING CODE 3510-16-P
[Notices][Page 63147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr14oc10-42] (Reformatted for Web)
----------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0077]
Performance Review Board (PRB)
Agency: United States Patent and Trademark Office, Commerce.
Action: Notice.
------------------------------------------------------
SUMMARY: In conformance with the Civil Service Reform Act of 1978, 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) 272-8717.
SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:
- Sharon R. Barner, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
- Patricia M. Richter, Chief Administrative Officer, United States Patent and Trademark Office.
- Robert L. Stoll, Commissioner for Patents, United States Patent and Trademark Office.
- Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.
- Anthony P. Scardino, Chief Financial Officer, United States Patent and Trademark Office.
- John B. Owens II, Chief Information Officer, United States Patent and Trademark Office.
- Bernard J. Knight Jr., General Counsel, 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.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-25860 Filed 10-13-10; 8:45 am] BILLING CODE 3510-16-P
Wednesday, October 13, 2010
U.S. Patent Application Survey
Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices][Page 62761-62762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-32]
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr13oc10-32
---------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request
Title: United States Patent Applicant Survey.
Avg. Hours per Response: The USPTO estimates that it will take the public 30 minutes (0.50 hours) to complete the surveys, with the exception of the surveys for the independent inventors, which are estimated to take 15 minutes (0.25 hours) to complete. This includes the time to gather the necessary information, respond to the surveys, and submit them to the USPTO. The USPTO estimates that it will take the same amount of time to respond to the surveys, whether they are completed online or mailed to the USPTO.
Needs and Uses: The USPTO developed the United States Patent Applicant Survey as part of a continuing effort to better predict the future growth of patent application filings by understanding applicant intentions. The main purpose of this survey is to determine the number of application filings that the USPTO can expect to receive over the next three years from patent-generating entities, ranging from
[[Page 62762]]
large domestic corporations to independent inventors. The USPTO also uses this survey in response to the Senate Appropriations Report 106- 404 (September 8, 2000), which directed the USPTO to ``develop a workload forecast with advice from a representative sample of industry and the inventor community. There are two versions of the survey: one for large domestic corporations and small and medium-sized businesses and one for universities, non-profit research organizations, and independent inventors. The large domestic corporations, small and medium-sized businesses, universities, non-profit research organizations, and independent inventors responding to these surveys will provide the USPTO with the number of application filings that they plan to submit, in addition to providing general feedback concerning industry trends and the survey itself. The USPTO will use this feedback to anticipate demand and estimate future revenue flow more reliably; to identify input and output triggers and allocate resources to meet and understand customer needs; and to reassess output and capacity goals and realign organization quality control measures with applicant by division.
[Notices][Page 62761-62762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-32]
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr13oc10-32
---------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request
Title: United States Patent Applicant Survey.
Avg. Hours per Response: The USPTO estimates that it will take the public 30 minutes (0.50 hours) to complete the surveys, with the exception of the surveys for the independent inventors, which are estimated to take 15 minutes (0.25 hours) to complete. This includes the time to gather the necessary information, respond to the surveys, and submit them to the USPTO. The USPTO estimates that it will take the same amount of time to respond to the surveys, whether they are completed online or mailed to the USPTO.
Needs and Uses: The USPTO developed the United States Patent Applicant Survey as part of a continuing effort to better predict the future growth of patent application filings by understanding applicant intentions. The main purpose of this survey is to determine the number of application filings that the USPTO can expect to receive over the next three years from patent-generating entities, ranging from
[[Page 62762]]
large domestic corporations to independent inventors. The USPTO also uses this survey in response to the Senate Appropriations Report 106- 404 (September 8, 2000), which directed the USPTO to ``develop a workload forecast with advice from a representative sample of industry and the inventor community. There are two versions of the survey: one for large domestic corporations and small and medium-sized businesses and one for universities, non-profit research organizations, and independent inventors. The large domestic corporations, small and medium-sized businesses, universities, non-profit research organizations, and independent inventors responding to these surveys will provide the USPTO with the number of application filings that they plan to submit, in addition to providing general feedback concerning industry trends and the survey itself. The USPTO will use this feedback to anticipate demand and estimate future revenue flow more reliably; to identify input and output triggers and allocate resources to meet and understand customer needs; and to reassess output and capacity goals and realign organization quality control measures with applicant by division.
Wednesday, October 6, 2010
[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices][Page 61419-61424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-35]
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Inquiry on Copyright Policy, Creativity, and Innovation in the
Internet Economy
AGENCY: Office of the Secretary, U.S. Department of Commerce; Patent and Trademark Office, U.S. Department of Commerce; National Telecommunications and Information Administration, U.S. Department of Commerce.
ACTION: Notice of Inquiry.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05oc10-35
-------------------------------------------------------------
SUMMARY: The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.
DATES: Comments are due on or before November 19, 2010.
[Notices][Page 61419-61424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-35]
-----------------------------------------------------------------------
Inquiry on Copyright Policy, Creativity, and Innovation in the
Internet Economy
AGENCY: Office of the Secretary, U.S. Department of Commerce; Patent and Trademark Office, U.S. Department of Commerce; National Telecommunications and Information Administration, U.S. Department of Commerce.
ACTION: Notice of Inquiry.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05oc10-35
-------------------------------------------------------------
SUMMARY: The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.
DATES: Comments are due on or before November 19, 2010.
Tuesday, September 21, 2010
Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System
[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices][Page 57261-57262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-30]
-----------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0066]
Request for Comments on Incentivizing Humanitarian Technologies
and Licensing Through the Intellectual Property System
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr20se10-30
------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.
DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before November 19, 2010. No public hearing will be held.
[Notices][Page 57261-57262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-30]
-----------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0066]
Request for Comments on Incentivizing Humanitarian Technologies
and Licensing Through the Intellectual Property System
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr20se10-30
------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.
DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before November 19, 2010. No public hearing will be held.
Thursday, September 16, 2010
Patent Examiner Technical Training Program
[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices][Page 56059-56061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se10-47]
--------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0061]
Patent Examiner Technical Training Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr15se10-47
-----------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is seeking public assistance in providing technical training to patent examiners within all technology centers. The Patent Examiner Technical Training Program (PETTP) is intended to provide scientists and experts as lecturers to patent examiners in order to update them on technical developments, the state of the art, emerging trends, maturing technologies, and recent innovations in their fields. Such guest lecturers must have relevant technical knowledge, as well as familiarity with prior art and industry practices/standards in areas of technology where such lectures would be beneficial.
DATES: Effective Date: September 15, 2010.
FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.
Wynn Coggins, Director of Technology Center (TC) 3600, available at (571) 272-5350, will provide oversight of the Patent Examiner Technical Training Program.
[Notices][Page 56059-56061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se10-47]
--------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0061]
Patent Examiner Technical Training Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr15se10-47
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SUMMARY: The United States Patent and Trademark Office (USPTO) is seeking public assistance in providing technical training to patent examiners within all technology centers. The Patent Examiner Technical Training Program (PETTP) is intended to provide scientists and experts as lecturers to patent examiners in order to update them on technical developments, the state of the art, emerging trends, maturing technologies, and recent innovations in their fields. Such guest lecturers must have relevant technical knowledge, as well as familiarity with prior art and industry practices/standards in areas of technology where such lectures would be beneficial.
DATES: Effective Date: September 15, 2010.
FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.
Wynn Coggins, Director of Technology Center (TC) 3600, available at (571) 272-5350, will provide oversight of the Patent Examiner Technical Training Program.
Wednesday, September 1, 2010
Developments in the Obviousness Inquiry After KSR v.Teleflex
[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53643-53660][DOCID:fr01se10-31]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Examination Guidelines Update: Developments in the Obviousness
Inquiry After KSR v.Teleflex
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-31
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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under [[Page 53644]] 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.
DATES: Effective Date: This 2010 KSR Guidelines Update is effective
September 1, 2010.
[Notices][Page 53643-53660][DOCID:fr01se10-31]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Examination Guidelines Update: Developments in the Obviousness
Inquiry After KSR v.Teleflex
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-31
-----------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under [[Page 53644]] 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.
DATES: Effective Date: This 2010 KSR Guidelines Update is effective
September 1, 2010.
Pilot Program - 12 Month Extension to Nonprovisional Missing Parts
[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53631-53632][DOCID:fr01se10-22]
=======================================================
-----------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Missing Parts Practice
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-22
SUPPLEMENTARY INFORMATION:
I. Abstract
In response to a number of requests to reduce the costs due one year after filing a provisional application, the USPTO published a Federal Register notice titled ``Request for Comments on Proposed Change to Missing Parts Practice'' proposing a change that would provide applicants with an extended time period to reply to a Notice to File Missing Parts requiring certain fees in a nonprovisional application if certain conditions were met. Based on public feedback, the USPTO is implementing an extended missing parts pilot program which will permit applicants to request a 12-month time period to reply to a Notice to File Missing Parts of Nonprovisional Application to pay certain fees. The pilot program would be scheduled to run for one year.
The extended missing parts pilot program is expected to benefit applicants by permitting additional time to determine if patent protection should be sought at a relatively low cost and by permitting applicants to focus efforts on commercialization during this period.
The extended missing parts pilot program is also expected to benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which the applicants will later decide not to pursue examination.
There is one form associated with this collection of information. The USPTO has created PTO/SB/421, Request for Extended Missing Parts Pilot Program, for applicants to request participation in the program.
[Notices][Page 53631-53632][DOCID:fr01se10-22]
=======================================================
-----------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Missing Parts Practice
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-22
SUPPLEMENTARY INFORMATION:
I. Abstract
In response to a number of requests to reduce the costs due one year after filing a provisional application, the USPTO published a Federal Register notice titled ``Request for Comments on Proposed Change to Missing Parts Practice'' proposing a change that would provide applicants with an extended time period to reply to a Notice to File Missing Parts requiring certain fees in a nonprovisional application if certain conditions were met. Based on public feedback, the USPTO is implementing an extended missing parts pilot program which will permit applicants to request a 12-month time period to reply to a Notice to File Missing Parts of Nonprovisional Application to pay certain fees. The pilot program would be scheduled to run for one year.
The extended missing parts pilot program is expected to benefit applicants by permitting additional time to determine if patent protection should be sought at a relatively low cost and by permitting applicants to focus efforts on commercialization during this period.
The extended missing parts pilot program is also expected to benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which the applicants will later decide not to pursue examination.
There is one form associated with this collection of information. The USPTO has created PTO/SB/421, Request for Extended Missing Parts Pilot Program, for applicants to request participation in the program.
Tuesday, August 17, 2010
Steamlined Procedure for Review of Appeal Briefs
[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices][Page 50750-50751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov [DOCID:fr17au10-31]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0065]
Streamlined Procedure for Appeal Brief Review in Inter Partes Reexamination Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr17au10-31
---------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in inter partes reexamination proceedings (i.e., appellant's briefs, respondent's briefs, and rebuttal briefs) comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in inter partes reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to the BPAI's docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. The USPTO expects further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal briefs and non-substantive returns from the BPAI that require parties to file corrected appeal briefs in inter partes reexamination proceeding appeals.
DATES: Effective Date: The procedure set forth in this notice is effective on August 17, 2010.
Applicability Date: The procedure set forth in this notice is applicable to any appeal brief (regardless of whether it is an appellant's brief, a respondent's brief, or a rebuttal brief) that is filed in an inter partes reexamination proceeding on or after August 17, 2010.
[Notices][Page 50750-50751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov [DOCID:fr17au10-31]
----------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0065]
Streamlined Procedure for Appeal Brief Review in Inter Partes Reexamination Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr17au10-31
---------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in inter partes reexamination proceedings (i.e., appellant's briefs, respondent's briefs, and rebuttal briefs) comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in inter partes reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to the BPAI's docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. The USPTO expects further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal briefs and non-substantive returns from the BPAI that require parties to file corrected appeal briefs in inter partes reexamination proceeding appeals.
DATES: Effective Date: The procedure set forth in this notice is effective on August 17, 2010.
Applicability Date: The procedure set forth in this notice is applicable to any appeal brief (regardless of whether it is an appellant's brief, a respondent's brief, or a rebuttal brief) that is filed in an inter partes reexamination proceeding on or after August 17, 2010.
Tuesday, August 10, 2010
Waive Patent Owner's Statement - Ex Parte Rexamination Proceedings
[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices][Page 47269-47270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-47]
---------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0056]
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
Pilot Program for Waiver of Patent Owner's Statement in Ex Parte
Reexamination Proceeding
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05au10-47
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05au10-47
--------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) recognizes the need to reduce the pendency of reexamination proceedings and improve the efficiency of the reexamination process. The USPTO is considering a number of short and long-range initiatives that can be implemented in three phases. In phase I, the USPTO will implement streamlined procedures, as well as optional programs in which patent owners and third party requesters may elect to participate in order to gain the benefit of shorter pendency. In phases II and III, the USPTO will consider the data gathered from phase I and the feedback from the patent owners and other stakeholders, and implement process changes that are likely to improve efficiency. Such changes may include internal procedural changes, rule making that includes opportunities for the public to comment, and/or administrative proposals for statutory changes to enhance the efficiency of the USPTO in conducting
reexamination proceedings. As part of phase I to reduce pendency and improve efficiency in ex parte reexamination proceedings, the USPTO is implementing, in this notice, a pilot program in which patent owners may waive the right to file a patent owner's statement upon a request made by the USPTO. This will enable USPTO in suitable cases to issue the first Office action on the merits together with or soon after the reexamination order, and thereby reduce the pendency of the proceeding by about three to five months.
DATES: Effective Date: The changes set forth in this notice will take
effect on August 5, 2010.
Monday, August 2, 2010
Guidance - Bilski v. Kappos
[Federal Register: July 27, 2010 (Volume 75, Number 143)] [Notices][Page 43922-43928] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27jy10-42]
---------------------------------------------------------- DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0067] Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice; Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr27jy10-42
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr27jy10-42
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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) has prepared Interim Guidance for Determining Subject Matter Eligibility for Process Claims in view of Bilski v. Kappos (Interim Bilski Guidance) for its personnel to use when determining subject matter eligibility under 35 U.S.C. 101 in view of the recent decision by the United States Supreme Court (Supreme Court) in Bilski v. Kappos, No. 08-964 (June 28, 2010). It is intended to be used by Office personnel as a supplement to the previously issued Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. 101 dated August 24, 2009 (Interim Instructions) and the memorandum to the Patent Examining Corps on the Supreme Court Decision in Bilski v. Kappos dated June 28, 2010. This guidance supersedes previous guidance on subject matter eligibility that conflicts with the Interim Bilski Guidance. Any member of the public may submit written comments on the Interim Bilski Guidance. The Office is especially interested in receiving comments regarding the scope and extent of the holding in Bilski.
DATES: The Interim Bilski Guidance is effective July 27, 2010. This guidance applies to all applications filed before, on or after the effective date of July 27, 2010.
Comment Deadline Date: To be ensured of consideration, written comments must be received on or before September 27, 2010. No public hearing will be held. ADDRESSES: Comments concerning this Interim Bilski Guidance should be sent by electronic mail message over the Internet addressed to Bilski_Guidance@uspto.gov or facsimile transmitted to (571) 273-0125. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Although comments may be submitted by facsimile or mail, the Office prefers to receive comments via the Internet.
Friday, July 23, 2010
INVENTORS TRADESHOW
Come to the Houston Inventors Association/SBDC Fourth Annual Inventors Tradeshow on Wednesday August 11, 2010 from 5 to 8:30 pm! The show will be held at the Bayland Park Community Center Building, 6400 Bissonnet (Inside Bayland Park - one block west of Hillcroft).
Inventors from Houston and surrounding areas are invited to attend. Exhibitors and speakers will include John Calvert from the U.S. Patent and Trademark Office as well as reprepresentatives from local companies and organizations that support inventors.
We (the patent and trademark library at Rice University, Fondren Library) will be exhibiting at the event. Please stop by and visit with us about our services and classes for inventors.
Inventors from Houston and surrounding areas are invited to attend. Exhibitors and speakers will include John Calvert from the U.S. Patent and Trademark Office as well as reprepresentatives from local companies and organizations that support inventors.
We (the patent and trademark library at Rice University, Fondren Library) will be exhibiting at the event. Please stop by and visit with us about our services and classes for inventors.
Tuesday, July 13, 2010
Review USPTO Draft Strategic Plan
[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices][Page 39493-39494]From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr09jy10-14]
======================================================
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0058]
United States Patent and Trademark Office Draft Strategic Plan
for FY 2010-2015
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09jy10-14
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09jy10-14
--------------------------------------------------
SUMMARY: This notice announces that the United States Patent and Trademark Office (USPTO) draft strategic plan for fiscal years (FY) 2010-2015 is available for public review and comment... This plan which identifies the strategic goals and priorities of the administration and leadership of the agency is a revision of the FY 2007-2012 strategic plan.
The USPTO's current plan, the FY 2007-2012 strategic plan, may be viewed on the USPTO Web site at http://www.uspto.gov as can the agency's draft plan for FY 2010-2015.
[[Page 39494]]
DATES: Written comments are requested by close of business on July 26, 2010.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to strategicplan@uspto.gov. Comments may also be submitted by mail addressed to: The USPTO Strategic Plan Coordinator, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Candice Goodman. Although comments may be submitted by mail, submission via e-mail to the above address is preferable...
Friday, June 11, 2010
Scam - Payment of Fees for International Patents & Trademarks
The Patent Baristas June 9, 2010 blog entry contains a warning about unsolicited mailings to applicants and owners of international patents, designs and trade marks inviting them to enter their intellectual property in various registers, publications, or databases for a fee. The mailing are in official looking envelopes and come from official sounding organizations. To read more about these scams, access "A Warning About Requests for Payment of Patent Fees" by Stephen Albainy-Jenei.
Tuesday, June 8, 2010
Free Bulk Patent & Trademark Data
According to a June 2, 2010 press release, the USPTO has entered into a no-cost two year agreement with Google to provide patent and trademark data to the public in bulk form. This arrangement will serve as a bridge until the USPTO can set up an agreement with a contractor capable of providing the data.
Data provided through Google will include:
Data provided through Google will include:
- Patent grants and published applications
- Trademark applications
- Trademark Trial and Appeal Board (TTAB) proceedings
- Patent classification information
- Patent maintenance fee events
- Patent and Trademark assignments
Thursday, May 6, 2010
Pitfalls and Benefits of Provisional Patent Applications
In the April 2010 issue of the USPTO's bimonthly publication for independent inventors called the Inventors Eye, John Calvert discusses the pros and cons of filing a provisional patent application. He also talks about the minimum filing requirements, filling dates, purpose of a provisional application, important facts, and proposed changes.
Patent Applications
[Federal Register: May 3, 2010 (Volume 75, Number 84)]
[Notices][Page 23227-23235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my10-43]
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Initial Patent Applications
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr03my10-43
-------------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing efforts to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this revision of a continuing 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 July 2, 2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include ``0651-0032 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, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by e-mail at raul.tamayo@uspto.gov with ``Paperwork'' in the subject line.
SUPPLEMENTARY INFORMATION
I. Abstract
The USPTO is required by Title 35 of the United States Code,including 35 U.S.C. 131, to examine applications for patents. The USPTO administers the patent statues through various rules in Chapter 37 of the Code of Federal Regulations, including 37 CFR 1.16 through 1.84. The patent statutes and regulations require applicants to provide sufficient information to allow the USPTO to properly examine the application to determine whether it meets the criteria set forth in the patent statutes and regulations to be issued as a patent.
Most applications for patent, including new utility, design, and provisional applications, can be submitted to the USPTO on paper or through EFS-Web. EFS-Web is the USPTO's system for electronic filing of patent correspondence. EFS-Web is accessible via the Internet on the USPTO Web site. The system utilizes standard Web-based screens and prompts to enable users to submit patent documents in Portable Document Format (PDF) directly to the USPTO. The Legal Framework for EFS-Web, available at http://www.uspto.gov/patents/process/file/efs/guidance/ New_legal_framework.jsp, provides a listing of patent applications and documents permitted to be filed via EFS-Web and patent applications and
[[Page 23228]]
documents not permitted to be filed via EFS-Web.
The USPTO has identified continuation/divisional of an international application, utility continuation/divisional, design continuation/divisional, continued prosecution application--design, utility continuation-in-part, and design continuation-in-part applications as types of applications that can be filed electronically that were not identified as being able to be filed electronically in the last renewal of this collection.
The USPTO has also determined that the papers filed under 37 CFR1.41 to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by 37 CFR 1.51(c)(1) in a provisional application, 37 CFR 1.48 for correction of inventorshipin a provisional application, and 37 CFR 1.53(c)(2) to convert anonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c), which were originally overlooked, should be added into the collection at this time. These papers also have a processing fee associated with them that will be added into the collection as well. All of the other fees remain the same.
In order to get a more specific accounting of the additional fees
and surcharges that can be applied to the various applications and to simplify the entry of these items into ROCIS, additional application groups have been broken out in this renewal. Previously, the utility, design, and plant applications were broken out in a manner that helped calculate the filing, search, and examination fees, but not in a manner that help calculate the additional fees and surcharges, which made it difficult to calculate the total burden for some of these applications.
There are 28 forms in this collection. The petitions and the papers filed to supply the name or names of the inventor or inventors after the filing date without a cover sheet in a provisional application, to correct inventorship in a provisional application, and to convert a nonprovisional application to a provisional application do not have forms associated with them.
[Notices][Page 23227-23235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my10-43]
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Initial Patent Applications
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr03my10-43
-------------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing efforts to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this revision of a continuing 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 July 2, 2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include ``0651-0032 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, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by e-mail at raul.tamayo@uspto.gov with ``Paperwork'' in the subject line.
SUPPLEMENTARY INFORMATION
I. Abstract
The USPTO is required by Title 35 of the United States Code,including 35 U.S.C. 131, to examine applications for patents. The USPTO administers the patent statues through various rules in Chapter 37 of the Code of Federal Regulations, including 37 CFR 1.16 through 1.84. The patent statutes and regulations require applicants to provide sufficient information to allow the USPTO to properly examine the application to determine whether it meets the criteria set forth in the patent statutes and regulations to be issued as a patent.
Most applications for patent, including new utility, design, and provisional applications, can be submitted to the USPTO on paper or through EFS-Web. EFS-Web is the USPTO's system for electronic filing of patent correspondence. EFS-Web is accessible via the Internet on the USPTO Web site. The system utilizes standard Web-based screens and prompts to enable users to submit patent documents in Portable Document Format (PDF) directly to the USPTO. The Legal Framework for EFS-Web, available at http://www.uspto.gov/patents/process/file/efs/guidance/ New_legal_framework.jsp, provides a listing of patent applications and documents permitted to be filed via EFS-Web and patent applications and
[[Page 23228]]
documents not permitted to be filed via EFS-Web.
The USPTO has identified continuation/divisional of an international application, utility continuation/divisional, design continuation/divisional, continued prosecution application--design, utility continuation-in-part, and design continuation-in-part applications as types of applications that can be filed electronically that were not identified as being able to be filed electronically in the last renewal of this collection.
The USPTO has also determined that the papers filed under 37 CFR1.41 to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by 37 CFR 1.51(c)(1) in a provisional application, 37 CFR 1.48 for correction of inventorshipin a provisional application, and 37 CFR 1.53(c)(2) to convert anonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c), which were originally overlooked, should be added into the collection at this time. These papers also have a processing fee associated with them that will be added into the collection as well. All of the other fees remain the same.
In order to get a more specific accounting of the additional fees
and surcharges that can be applied to the various applications and to simplify the entry of these items into ROCIS, additional application groups have been broken out in this renewal. Previously, the utility, design, and plant applications were broken out in a manner that helped calculate the filing, search, and examination fees, but not in a manner that help calculate the additional fees and surcharges, which made it difficult to calculate the total burden for some of these applications.
There are 28 forms in this collection. The petitions and the papers filed to supply the name or names of the inventor or inventors after the filing date without a cover sheet in a provisional application, to correct inventorship in a provisional application, and to convert a nonprovisional application to a provisional application do not have forms associated with them.
Monday, May 3, 2010
Patent Quality - Comment Requests and Rountables
[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices][Page 22120-22121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-40]
[[Page 22120]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0038]
Notice of Roundtables and Request for Comments on Enhancement in the Quality of Patents and on United States Patent and Trademark Office Patent Quality Metrics
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of public meeting; request for comments.
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SUMMARY: The United States Patent and Trademark Office (USPTO), in conjunction with the Patent Public Advisory Committee (PPAC), has undertaken a project related to enhancing overall patent quality. As part of this initiative, the USPTO is conducting two roundtables to obtain public input from organizations and individuals on actions that can improve patent quality and the metrics the USPTO should use to measure progress. The roundtables are open to the public. The USPTO plans to invite a number of roundtable participants from among patent user groups, practitioners, industry, independent inventor organizations, academia, and government. Any member of the public may submit written comments on USPTO patent quality enhancement and metrics as well as on any issue raised at the roundtable.
DATES: The first roundtable will be held on Monday, May 10, 2010, beginning at 1 p.m. Pacific Daylight Time (PDT) and ending at 5 p.m. PDT.
The second roundtable will be held on Tuesday, May 18, 2010, beginning at 8:30 a.m. Eastern Daylight Time (EDT) and ending at 12 noon EDT.
The deadline for receipt of written comments is June 18, 2010.
ADDRESSES: The first (May 10, 2010) roundtable will be held at the Los Angeles Public Library--Central Library, which is located at 630 W. 5th Street, Los Angeles, California 90071.
The second (May 18, 2010) roundtable will be held at the USPTO in the Madison Auditorium on the concourse level of the Madison Building, which is located at 600 Dulany Street, Alexandria, Virginia 22314.
Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@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 Elizabeth L. Dougherty. 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: Elizabeth L. Dougherty, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7733, by electronic mail message at elizabeth.dougherty@uspto.gov.
SUPPLEMENTARY INFORMATION: The USPTO in conjunction with the PPAC has undertaken a project related to overall patent quality. As part of that effort, a notice was published soliciting comments from the public on means to enhance quality of the patent process with particular emphasis on the search, examination, application and methods of meaningfully measuring such enhanced quality. See Request for Comments on
Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009) (Patent Quality Request for Comments). In the Patent Quality Request for Comments, the USPTO stated that it would like to focus, inter alia, on improving the process for obtaining the best prior art, preparation of the initial application, and examination and prosecution of the application. The USPTO sought public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The original comment period was extended to March 8, 2010. See Extension of Period for Comments on Enhancement in the Quality of Patents, 75 FR 5040 (Feb. 1, 2010).
The comments may be viewed on the USPTO's Web site at http://www.uspto.gov/patents/law/comments/patentqualitycomments.jsp. A summary of the comments, prepared by the PPAC, as well as a summary of the comments and responses prepared by the USPTO, is included for the participants to review and will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.
As a part of this initiative, the USPTO is conducting two roundtables, one at the Los Angeles Public Library--Central Library facility, and one at the USPTO, to obtain public input from organizations and individuals on patent quality and USPTO patent quality metrics. The number of participants in each roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. The USPTO plans to invite participants from patent user groups, practitioners, industry, independent inventor organizations, academia, and government. The roundtables are open to the public.
The USPTO will provide an agenda, list of participants, and preparatory materials to the participants prior to the roundtable in order to focus the discussion and enhance the efficiency of the proceedings. All such materials will be posted on the USPTO's Internet Web site. The USPTO plans to make the roundtable held at the USPTO on May 18, 2010, available via Web cast; efforts are being made to also make the roundtable held at the Los Angeles Public Library-Central Library facility available via Web cast if reasonably possible. Web cast information will be available before the roundtable on the USPTO's Internet Web site. The written materials for the roundtable, any slides or handouts distributed at the roundtable, and the list of the roundtable participants for each roundtable and their ssociations will also be posted on the USPTO's Internet Web site. The USPTO patent quality metrics under consideration will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.
The patent quality metrics posted on the USPTO's Web site have been presented to facilitate a discussion on patent quality metrics and should not be taken as an indication that the USPTO has predetermined that it will adopt these patent quality metrics or that the USPTO is not interested in suggestions that the USPTO consider other patent quality metrics. The USPTO is inviting written comments from any member
of the public on USPTO patent quality metrics as well as on any issue raised at the roundtable.
[[Page 22121]]
Dated: April 23, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-9851 Filed 4-26-10; 8:45 am]
BILLING CODE 3510-16-P
[Notices][Page 22120-22121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-40]
[[Page 22120]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0038]
Notice of Roundtables and Request for Comments on Enhancement in the Quality of Patents and on United States Patent and Trademark Office Patent Quality Metrics
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of public meeting; request for comments.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), in conjunction with the Patent Public Advisory Committee (PPAC), has undertaken a project related to enhancing overall patent quality. As part of this initiative, the USPTO is conducting two roundtables to obtain public input from organizations and individuals on actions that can improve patent quality and the metrics the USPTO should use to measure progress. The roundtables are open to the public. The USPTO plans to invite a number of roundtable participants from among patent user groups, practitioners, industry, independent inventor organizations, academia, and government. Any member of the public may submit written comments on USPTO patent quality enhancement and metrics as well as on any issue raised at the roundtable.
DATES: The first roundtable will be held on Monday, May 10, 2010, beginning at 1 p.m. Pacific Daylight Time (PDT) and ending at 5 p.m. PDT.
The second roundtable will be held on Tuesday, May 18, 2010, beginning at 8:30 a.m. Eastern Daylight Time (EDT) and ending at 12 noon EDT.
The deadline for receipt of written comments is June 18, 2010.
ADDRESSES: The first (May 10, 2010) roundtable will be held at the Los Angeles Public Library--Central Library, which is located at 630 W. 5th Street, Los Angeles, California 90071.
The second (May 18, 2010) roundtable will be held at the USPTO in the Madison Auditorium on the concourse level of the Madison Building, which is located at 600 Dulany Street, Alexandria, Virginia 22314.
Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@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 Elizabeth L. Dougherty. 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: Elizabeth L. Dougherty, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7733, by electronic mail message at elizabeth.dougherty@uspto.gov.
SUPPLEMENTARY INFORMATION: The USPTO in conjunction with the PPAC has undertaken a project related to overall patent quality. As part of that effort, a notice was published soliciting comments from the public on means to enhance quality of the patent process with particular emphasis on the search, examination, application and methods of meaningfully measuring such enhanced quality. See Request for Comments on
Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009) (Patent Quality Request for Comments). In the Patent Quality Request for Comments, the USPTO stated that it would like to focus, inter alia, on improving the process for obtaining the best prior art, preparation of the initial application, and examination and prosecution of the application. The USPTO sought public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The original comment period was extended to March 8, 2010. See Extension of Period for Comments on Enhancement in the Quality of Patents, 75 FR 5040 (Feb. 1, 2010).
The comments may be viewed on the USPTO's Web site at http://www.uspto.gov/patents/law/comments/patentqualitycomments.jsp. A summary of the comments, prepared by the PPAC, as well as a summary of the comments and responses prepared by the USPTO, is included for the participants to review and will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.
As a part of this initiative, the USPTO is conducting two roundtables, one at the Los Angeles Public Library--Central Library facility, and one at the USPTO, to obtain public input from organizations and individuals on patent quality and USPTO patent quality metrics. The number of participants in each roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. The USPTO plans to invite participants from patent user groups, practitioners, industry, independent inventor organizations, academia, and government. The roundtables are open to the public.
The USPTO will provide an agenda, list of participants, and preparatory materials to the participants prior to the roundtable in order to focus the discussion and enhance the efficiency of the proceedings. All such materials will be posted on the USPTO's Internet Web site. The USPTO plans to make the roundtable held at the USPTO on May 18, 2010, available via Web cast; efforts are being made to also make the roundtable held at the Los Angeles Public Library-Central Library facility available via Web cast if reasonably possible. Web cast information will be available before the roundtable on the USPTO's Internet Web site. The written materials for the roundtable, any slides or handouts distributed at the roundtable, and the list of the roundtable participants for each roundtable and their ssociations will also be posted on the USPTO's Internet Web site. The USPTO patent quality metrics under consideration will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.
The patent quality metrics posted on the USPTO's Web site have been presented to facilitate a discussion on patent quality metrics and should not be taken as an indication that the USPTO has predetermined that it will adopt these patent quality metrics or that the USPTO is not interested in suggestions that the USPTO consider other patent quality metrics. The USPTO is inviting written comments from any member
of the public on USPTO patent quality metrics as well as on any issue raised at the roundtable.
[[Page 22121]]
Dated: April 23, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-9851 Filed 4-26-10; 8:45 am]
BILLING CODE 3510-16-P
Wednesday, April 7, 2010
Changes to Trademark Law
Communication received from a representative of the USPTO:
The Trademark Technical and Conforming Amendment Act of 2010 became effective on March 17, 2010 (Pub. Law No. 111-146, 124 Stat. 66 (2010)). In addition to making small technical and conforming corrections in Sections 7, 15 and 21 of the Lanham Act, 15 U.S.C. §§ 1057, 1065 and 1071, the legislation makes more significant changes to Sections 8 and 71, 15 U.S.C. §§1058 and 1141k, regarding filing affidavits of continued use or excusable nonuse to maintain a registration. With respect to all post registration maintenance filings required under the Lanham Act, owners may correct deficiencies in such submissions outside of the statutory period for filing, upon payment of a deficiency surcharge. Such deficiencies now specifically include when the affidavit was not filed in the name of the owner of the registration. In addition, owners of U.S. registrations under the Madrid Protocol now have the benefit of six-month grace periods immediately following the statutory time periods. Previously, no grace period existed at the end of the six-year period following the date of registration in the U.S. and only a three-month grace period existed following the expiration of each successive 10-year period following registration. The newly enacted grace periods match those given to other trademark registrants..
For answers to frequently asked questions regarding declarations of continued use or excusable nonuse, please see the Trademark Processes section of the USPTO’s Web site, “Maintain/Renew a Registration.” The Trademark Technical and Conforming Amendment Act of 2010 became effective on March 17, 2010 (Pub. Law No. 111-146, 124 Stat. 66 (2010)). In addition to making small technical and conforming corrections in Sections 7, 15 and 21 of the Lanham Act, 15 U.S.C. §§ 1057, 1065 and 1071, the legislation makes more significant changes to Sections 8 and 71, 15 U.S.C. §§1058 and 1141k, regarding filing affidavits of continued use or excusable nonuse to maintain a registration. With respect to all post registration maintenance filings required under the Lanham Act, owners may correct deficiencies in such submissions outside of the statutory period for filing, upon payment of a deficiency surcharge. Such deficiencies now specifically include when the affidavit was not filed in the name of the owner of the registration. In addition, owners of U.S. registrations under the Madrid Protocol now have the benefit of six-month grace periods immediately following the statutory time periods. Previously, no grace period existed at the end of the six-year period following the date of registration in the U.S. and only a three-month grace period existed following the expiration of each successive 10-year period following registration. The newly enacted grace periods match those given to other trademark registrants. For answers to frequently asked questions regarding declarations of continued use or excusable nonuse, please see the Trademark Processes section of the USPTO’s Web site, “Maintain/Renew a Registration.” www.uspto.gov/trademarks/process/maintain/prfaq.jsp.
Tuesday, April 6, 2010
Proposal to Extend Provisional Application Period
[Federal Register: April 2, 2010 (Volume 75, Number 63)][Notices]
[Page 16750-16752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-50]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0029]
Request for Comments on Proposed Change To Missing Parts Practice
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr02ap10-50
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SUMMARY: The United States Patent and Trademark Office (USPTO), in response to a number of requests to reduce the costs due one year after filing a provisional application, is considering a change that would effectively provide a 12-month extension to the 12-month provisional application period (creating a net 24-month period). This change would be implemented through the missing parts practice in nonprovisional applications. Currently the missing parts practice permits an applicant on payment of a surcharge to pay the up-front filing fees and submit an executed oath or declaration after the filing of a nonprovisional application within a two-month time period set by the USPTO that is extendable on payment of extension of time fees for an additional five months. Under the proposal, applicants would be permitted to file a nonprovisional application with at least one claim within the 12-month statutory period after the provisional application was filed, pay the basic filing fee, and submit an executed oath or declaration. In addition, the nonprovisional application would need to be in condition for publication and applicant would not be able to file a nonpublication request. Applicants would be given a 12-month period to decide whether the nonprovisional application should be completed by paying the required surcharge and the search, examination and any excess claim fees due within that 12-month period. The proposal would benefit applicants by permitting additional time to determine if patent protection should be sought at a relatively low cost and by permitting applicants to focus efforts on commercialization during this period. The proposal would benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which the applicants have decided not to pursue examination. Importantly, the extended missing parts period would not affect the 12-month priority period provided by the Paris Convention for the Protection of Industrial Property and, thus, any foreign filings would still need to be made within 12 months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application.
Comment Deadline Date: To be ensured of consideration, written comments must be received on or before June 1, 2010.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to extended_missing_parts@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 Eugenia A. Jones. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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, 22314, 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: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7727, 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 Eugenia A. Jones.
[Page 16750-16752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-50]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0029]
Request for Comments on Proposed Change To Missing Parts Practice
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr02ap10-50
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), in response to a number of requests to reduce the costs due one year after filing a provisional application, is considering a change that would effectively provide a 12-month extension to the 12-month provisional application period (creating a net 24-month period). This change would be implemented through the missing parts practice in nonprovisional applications. Currently the missing parts practice permits an applicant on payment of a surcharge to pay the up-front filing fees and submit an executed oath or declaration after the filing of a nonprovisional application within a two-month time period set by the USPTO that is extendable on payment of extension of time fees for an additional five months. Under the proposal, applicants would be permitted to file a nonprovisional application with at least one claim within the 12-month statutory period after the provisional application was filed, pay the basic filing fee, and submit an executed oath or declaration. In addition, the nonprovisional application would need to be in condition for publication and applicant would not be able to file a nonpublication request. Applicants would be given a 12-month period to decide whether the nonprovisional application should be completed by paying the required surcharge and the search, examination and any excess claim fees due within that 12-month period. The proposal would benefit applicants by permitting additional time to determine if patent protection should be sought at a relatively low cost and by permitting applicants to focus efforts on commercialization during this period. The proposal would benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which the applicants have decided not to pursue examination. Importantly, the extended missing parts period would not affect the 12-month priority period provided by the Paris Convention for the Protection of Industrial Property and, thus, any foreign filings would still need to be made within 12 months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application.
Comment Deadline Date: To be ensured of consideration, written comments must be received on or before June 1, 2010.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to extended_missing_parts@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 Eugenia A. Jones. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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, 22314, 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: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7727, 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 Eugenia A. Jones.
Friday, April 2, 2010
Streamlined Procedure for Patent Appeal Brief Review
Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices][Page 15689-15690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-50]
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr30mr10-50
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0026]
Streamlined Procedure for Appeal Brief Review
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs to increase the efficiency of the appeal process and reduce pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in patent applications comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The Patent Appeal Center and the examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner, Patent Appeal Center, and the BPAI. We are expecting further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs.
DATES: Effective Date: The procedure set forth in this notice is effective on March 30, 2010.
Applicability Date: The procedure set forth in this notice is applicable to appeal briefs filed in patent applications on or after March 30, 2010.
FOR FURTHER INFORMATION CONTACT: Krista Zele, Case Management Administrator, Board of Patent Appeals and Interferences, by telephone sat (571) 272-9797 or by electronic mail at BPAI.Review@uspto.gov.
[Notices][Page 15689-15690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-50]
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr30mr10-50
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0026]
Streamlined Procedure for Appeal Brief Review
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs to increase the efficiency of the appeal process and reduce pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in patent applications comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The Patent Appeal Center and the examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner, Patent Appeal Center, and the BPAI. We are expecting further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs.
DATES: Effective Date: The procedure set forth in this notice is effective on March 30, 2010.
Applicability Date: The procedure set forth in this notice is applicable to appeal briefs filed in patent applications on or after March 30, 2010.
FOR FURTHER INFORMATION CONTACT: Krista Zele, Case Management Administrator, Board of Patent Appeals and Interferences, by telephone sat (571) 272-9797 or by electronic mail at BPAI.Review@uspto.gov.
Wednesday, March 10, 2010
United States and Great Britain Cooperate to Reduce Patent Backlog
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) are developing a plan to "optimize reuse of work on patent applications that are filed jointly at the USPTO and the UKIPO." With work sharing the offices, rather than the applicants, will "initiate the priority handling of applications." For more information, see the March 10, 2010 press release.
Friday, February 26, 2010
Patent Paperwork Study
[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Notices][Page 8649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-47]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0001]
Request for Comments on Methodology for Conducting an Independent Study of the Burden of Patent-Related Paperwork
AGENCY: United States Patent and Trademark Office.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr25fe10-47
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SUMMARY: The United States Patent and Trademark Office (USPTO) retained ICF International (ICF) to perform an independent study of the burden of patent-related paperwork, beginning with a report describing the methodologies for performing such a study (Methodology Report). ICF has now provided the USPTO with its Methodology Report, in which ICF recommends methodologies for addressing various topics about estimating the patent-related burdens imposed on the public as reflected in information collection requests under the Paperwork Reduction Act of 1995 (PRA). The USPTO is inviting public comment on ICF's Methodology Report.
DATES: Written comments must be received on or before April 12, 2010.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to pra_study_comments@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 Raul Tamayo. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.
[Notices][Page 8649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-47]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0001]
Request for Comments on Methodology for Conducting an Independent Study of the Burden of Patent-Related Paperwork
AGENCY: United States Patent and Trademark Office.
ACTION: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr25fe10-47
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) retained ICF International (ICF) to perform an independent study of the burden of patent-related paperwork, beginning with a report describing the methodologies for performing such a study (Methodology Report). ICF has now provided the USPTO with its Methodology Report, in which ICF recommends methodologies for addressing various topics about estimating the patent-related burdens imposed on the public as reflected in information collection requests under the Paperwork Reduction Act of 1995 (PRA). The USPTO is inviting public comment on ICF's Methodology Report.
DATES: Written comments must be received on or before April 12, 2010.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to pra_study_comments@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 Raul Tamayo. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.
Wednesday, February 24, 2010
National Medal of Technology and Innovation Nomination Evaluation Committee
[Federal Register: February 23, 2010 (Volume 75, Number 35)]
[Notices][Page 8043-8044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe10-46]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0002]
National Medal of Technology and Innovation Nomination Evaluation Committee
AGENCY: United States Patent and Trademark Office, Commerce.
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.
DATES: Please submit nominations within 60 days of the publication of this notice.
ADDRESSES: Nominations should be submitted to Richard Maulsby, 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: Richard Maulsby, 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) 272-8333, or electronic mail: nmti@uspto.gov.
SUPPLEMENTARY INFORMATION:
Background: 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:
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.
Dated: February 16, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-3398 Filed 2-22-10; 8:45 am] BILLING CODE P
[Notices][Page 8043-8044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe10-46]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0002]
National Medal of Technology and Innovation Nomination Evaluation Committee
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice and request for nominations.
-----------------------------------------------------------------------
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.
DATES: Please submit nominations within 60 days of the publication of this notice.
ADDRESSES: Nominations should be submitted to Richard Maulsby, 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: Richard Maulsby, 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) 272-8333, or electronic mail: nmti@uspto.gov.
SUPPLEMENTARY INFORMATION:
Background: 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
[[Page 8044]]
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.
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.
Dated: February 16, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-3398 Filed 2-22-10; 8:45 am] BILLING CODE P
Patent Database Review
If you'd like to read about changes to major patent databases, access Patent Database Review, the Tuesday, February 23, 2010 blog entry in Michael White's The Patent Librarian's Notebook. Michael worked at the USPTO for seven years before taking a position as the librarian for research services in the Engineering and Science Library at Queen's University in Kingston, Ontario. Not only is Michael very knowledgeable, he is also generous about sharing his knowledge.
Tuesday, February 23, 2010
New USPTO Publication for Inventors
The United States Patent and Trademark Office (USPTO) has just released a new electronic publication for independent inventors. Called the Inventors Eye, the publication will appear every other month and provide news about issues that impact the independent and small entity inventor community. For a more complete description and a link to subscribe, access http://www.uspto.gov/inventorseye/.
Friday, February 12, 2010
Revival of an Application for an Abandoned Patent
[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices][Page 6350-6351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-32]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Post Allowance and Refiling
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-32
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. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. If the appropriate fees are paid within the proper time period, the USPTO can then issue the patent. If the fees are not paid within the designated time period, the application is abandoned and the applicant may petition the Director to accept a delayed payment with a satisfactory showing that the delay was unavoidable or unintentional. The Petition for Revival of an Application for Patent Abandoned Unavoidably (Form PTO/SB/61) and the Petition for Revival of an Application for Patent Abandoned Unintentionally (Form PTO/SB/64) are approved under information collection 0651-0031. The rules outlining the procedures for payment of the issue fee and issuance of a patent are found at 37 CFR 1.18 and
1.311-1.317.
Chapter 25 of Title 35 U.S.C. provides that there are several actions that the applicant may take after issuance of a patent, including requesting the correction of errors in a patent. For original patents that are deemed wholly or partly inoperative, applicants may file a reissue application, which entails several formal requirements including an oath or declaration stating that the errors in the patent were not the result of any deceptive intention on the part of the applicant. The rules outlining these procedures are found at 37 CFR 1.171-1.178 and 1.322-1.325.
The public uses this information collection to pay fees for issued patents, to request corrections of errors in issued patents, and to submit applications for reissue patents. This collection previously included information requirements related to patent reexaminations. These items are being removed from this collection and have been submitted as a separate new collection, 0651-00XX Patent Reexaminations, which is currently under review by OMB.
[Notices][Page 6350-6351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-32]
--------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Post Allowance and Refiling
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-32
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. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. If the appropriate fees are paid within the proper time period, the USPTO can then issue the patent. If the fees are not paid within the designated time period, the application is abandoned and the applicant may petition the Director to accept a delayed payment with a satisfactory showing that the delay was unavoidable or unintentional. The Petition for Revival of an Application for Patent Abandoned Unavoidably (Form PTO/SB/61) and the Petition for Revival of an Application for Patent Abandoned Unintentionally (Form PTO/SB/64) are approved under information collection 0651-0031. The rules outlining the procedures for payment of the issue fee and issuance of a patent are found at 37 CFR 1.18 and
1.311-1.317.
Chapter 25 of Title 35 U.S.C. provides that there are several actions that the applicant may take after issuance of a patent, including requesting the correction of errors in a patent. For original patents that are deemed wholly or partly inoperative, applicants may file a reissue application, which entails several formal requirements including an oath or declaration stating that the errors in the patent were not the result of any deceptive intention on the part of the applicant. The rules outlining these procedures are found at 37 CFR 1.171-1.178 and 1.322-1.325.
The public uses this information collection to pay fees for issued patents, to request corrections of errors in issued patents, and to submit applications for reissue patents. This collection previously included information requirements related to patent reexaminations. These items are being removed from this collection and have been submitted as a separate new collection, 0651-00XX Patent Reexaminations, which is currently under review by OMB.
Deposit of Biological Materials with Patent
[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices][Page 6348-6349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-31]
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Deposit of Biological Materials
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-31
SUPPLEMENTARY INFORMATION:
I. Abstract
The deposit of biological materials as part of a patent application is required by 35 U.S.C. 2(b)(2) and outlined in 37 CFR Ch. 1, Subpart G, 1.801-1.809. Every patent must contain a description of the invention sufficient to enable a person (knowledgeable in the relevant science), to make and use the invention as specified by 35 U.S.C. 112. The term biological includes material that is capable of self- replication either directly or indirectly. When the invention involves a biological material, sometimes words alone cannot sufficiently describe how to make and use the invention in a reproducible or repeatable manner. In such cases, the required biological material must be both known and readily available (neither condition alone is sufficient) or be deposited in a suitable depository that has been recognized as an International Depository Authority (IDA) established under the Budapest Treaty, or a depository recognized by the USPTO to meet the requirements of 35 U.S.C. 112.
In cases where a deposit is necessary, it must be made under conditions that assure access to those entitled thereto under 37 CFR 1.14 and 35 U.S.C. Sec. 122
[[Page 6349]]
and upon issuance as a patent that all restriction to public access permanently removed.
In order to meet and satisfy requirements for international patenting, all countries signing the Budapest Treaty must recognize the deposit of biological material with any International Depository Authority (IDA).
[Notices][Page 6348-6349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-31]
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Deposit of Biological Materials
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-31
SUPPLEMENTARY INFORMATION:
I. Abstract
The deposit of biological materials as part of a patent application is required by 35 U.S.C. 2(b)(2) and outlined in 37 CFR Ch. 1, Subpart G, 1.801-1.809. Every patent must contain a description of the invention sufficient to enable a person (knowledgeable in the relevant science), to make and use the invention as specified by 35 U.S.C. 112. The term biological includes material that is capable of self- replication either directly or indirectly. When the invention involves a biological material, sometimes words alone cannot sufficiently describe how to make and use the invention in a reproducible or repeatable manner. In such cases, the required biological material must be both known and readily available (neither condition alone is sufficient) or be deposited in a suitable depository that has been recognized as an International Depository Authority (IDA) established under the Budapest Treaty, or a depository recognized by the USPTO to meet the requirements of 35 U.S.C. 112.
In cases where a deposit is necessary, it must be made under conditions that assure access to those entitled thereto under 37 CFR 1.14 and 35 U.S.C. Sec. 122
[[Page 6349]]
and upon issuance as a patent that all restriction to public access permanently removed.
In order to meet and satisfy requirements for international patenting, all countries signing the Budapest Treaty must recognize the deposit of biological material with any International Depository Authority (IDA).
Wednesday, February 3, 2010
Request a Recalculation of the Patent Term Adjustment
[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices][Page 5043-5045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-29]
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01fe10-29
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0006]
Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment To Comply With the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate patent term adjustments in light of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010). The USPTO expects to complete this software modification by March 2, 2010. In the meantime, the USPTO is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee as an alternative to the petition and fee required by 37 CFR 1.705(d). In order to qualify, a form requesting a recalculation of the patent term adjustment must be submitted no later than 180 days after the patent has issued and the patent must be issued prior to March 2, 2010. In addition, this procedure is only available for alleged errors that are specifically identified in Wyeth. The USPTO is deciding pending petitions under 37 CFR 1.705 in accordance with the Wyeth decision. This notice also provides information concerning the Patent Application Information Retrieval (PAIR) screen that displays the patent term adjustment calculation.
DATES: Effective Date: The procedure set forth in this notice is
effective on February 1, 2010.
Applicability Date: The procedure set forth in this notice is applicable only to patents issued prior to March 2, 2010, in which a request for recalculation of patent term adjustment in view of Wyeth is filed within 180 days of the day the patent was granted.
FOR FURTHER INFORMATION CONTACT: The Office of Patent Legal Administration by telephone at (571) 272-7702, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
[Notices][Page 5043-5045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-29]
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01fe10-29
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0006]
Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment To Comply With the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate patent term adjustments in light of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010). The USPTO expects to complete this software modification by March 2, 2010. In the meantime, the USPTO is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee as an alternative to the petition and fee required by 37 CFR 1.705(d). In order to qualify, a form requesting a recalculation of the patent term adjustment must be submitted no later than 180 days after the patent has issued and the patent must be issued prior to March 2, 2010. In addition, this procedure is only available for alleged errors that are specifically identified in Wyeth. The USPTO is deciding pending petitions under 37 CFR 1.705 in accordance with the Wyeth decision. This notice also provides information concerning the Patent Application Information Retrieval (PAIR) screen that displays the patent term adjustment calculation.
DATES: Effective Date: The procedure set forth in this notice is
effective on February 1, 2010.
Applicability Date: The procedure set forth in this notice is applicable only to patents issued prior to March 2, 2010, in which a request for recalculation of patent term adjustment in view of Wyeth is filed within 180 days of the day the patent was granted.
FOR FURTHER INFORMATION CONTACT: The Office of Patent Legal Administration by telephone at (571) 272-7702, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Proposed Rules][Page 5012-5013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-10]
=====================================================
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2009-0021]
RIN 0651-AC37
Rules of Practice Before the Board of Patent Appeals and
Interferences in Ex Parte Appeals; Extension of Comment Period on
Potential Modifications to Final Rule
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making, with request for comments, considering potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The USPTO is extending the period for public comment on the potential modifications to the final rule until February 26, 2010.
DATES: The deadline for receipt of written comments on potential modifications to the final rule is 5 p.m., Eastern Standard Time, on February 26, 2010.
ADDRESSES: Written comments on potential modifications to the final rule should be sent by electronic mail message over the Internet addressed to BPAI.Rules@uspto.gov. Comments on potential modifications to the final rule may also be submitted by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of ``Linda Horner, BPAI Rules.'' Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments will be available for public inspection at the Board of Patent Appeals and Interferences, located in Madison East, Ninth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov/web/offices/dcom/bpai/). 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: Linda Horner, Administrative Patent Judge, Board of Patent Appeals and Interferences, by telephone at (571)272-9797, or by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Linda Horner.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making on potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals (74 FR 67987 (Dec. 22, 2009)). The notice also announced a public roundtable that was held on January 20, 2010. A link to the Web cast of the roundtable may be found at http://www.uspto.gov/ip/boards/
bpai/roundtable_info.jsp. In the notice, the public was invited to submit
[[Page 5013]]
written comments on potential modifications to the final rule that were to be received on or before February 12, 2010. The USPTO is now extending the period for submission of public comments until February 26, 2010. Any comments that have already been received are under consideration and need not be resubmitted.
Dated: January 26, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2029 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-16-P
[Proposed Rules][Page 5012-5013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-10]
=====================================================
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2009-0021]
RIN 0651-AC37
Rules of Practice Before the Board of Patent Appeals and
Interferences in Ex Parte Appeals; Extension of Comment Period on
Potential Modifications to Final Rule
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making, with request for comments, considering potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The USPTO is extending the period for public comment on the potential modifications to the final rule until February 26, 2010.
DATES: The deadline for receipt of written comments on potential modifications to the final rule is 5 p.m., Eastern Standard Time, on February 26, 2010.
ADDRESSES: Written comments on potential modifications to the final rule should be sent by electronic mail message over the Internet addressed to BPAI.Rules@uspto.gov. Comments on potential modifications to the final rule may also be submitted by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of ``Linda Horner, BPAI Rules.'' Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments will be available for public inspection at the Board of Patent Appeals and Interferences, located in Madison East, Ninth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov/web/offices/dcom/bpai/). 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: Linda Horner, Administrative Patent Judge, Board of Patent Appeals and Interferences, by telephone at (571)272-9797, or by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Linda Horner.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making on potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals (74 FR 67987 (Dec. 22, 2009)). The notice also announced a public roundtable that was held on January 20, 2010. A link to the Web cast of the roundtable may be found at http://www.uspto.gov/ip/boards/
bpai/roundtable_info.jsp. In the notice, the public was invited to submit
[[Page 5013]]
written comments on potential modifications to the final rule that were to be received on or before February 12, 2010. The USPTO is now extending the period for submission of public comments until February 26, 2010. Any comments that have already been received are under consideration and need not be resubmitted.
Dated: January 26, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2029 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-16-P
Tuesday, February 2, 2010
Comments on Enhancement in the Quality of Patents
[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices][Page 5040-5041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-25]
--------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0004]
Extension of Period for Comments on Enhancement in the Quality of Patents
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
----------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The USPTO is extending the period for public comment until March 8, 2010.
Comment Deadline Date: March 8, 2010. No public hearing will be held.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@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 Kenneth M. Schor and Pinchus M. Laufer. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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: By telephone: Pinchus M. Laufer, Legal Advisor, at (571) 272-7726, or Kenneth M. Schor, Senior Legal Advisor, at (571) 272-7710; by mail addressed to U.S.
[[Page 5041]]
Patent and Trademark Office, Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus M. Laufer and Kenneth M. Schor; or by electronic mail (e-mail) message over the Internet addressed to pinchus.laufer@uspto.gov or kenneth.schor@uspto.gov.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. See Request for Comments on Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009), 1350 Off. Gaz. Pat. Office 46 (Jan. 5, 2010). The USPTO indicated that to be ensured of consideration, written comments must be received on or before February 8, 2010. See Request for Comments on Enhancement in the Quality of Patents, 74 FR at 65094, 1350 Off. Gaz. Pat. Office at 46. The USPTO is extending the period for submission of public comments until March 8, 2010.
Dated: January 26, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2036 Filed 1-29-10; 8:45 am]
[Notices][Page 5040-5041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-25]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0004]
Extension of Period for Comments on Enhancement in the Quality of Patents
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) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The USPTO is extending the period for public comment until March 8, 2010.
Comment Deadline Date: March 8, 2010. No public hearing will be held.
ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@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 Kenneth M. Schor and Pinchus M. Laufer. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.
The written comments 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: By telephone: Pinchus M. Laufer, Legal Advisor, at (571) 272-7726, or Kenneth M. Schor, Senior Legal Advisor, at (571) 272-7710; by mail addressed to U.S.
[[Page 5041]]
Patent and Trademark Office, Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus M. Laufer and Kenneth M. Schor; or by electronic mail (e-mail) message over the Internet addressed to pinchus.laufer@uspto.gov or kenneth.schor@uspto.gov.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. See Request for Comments on Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009), 1350 Off. Gaz. Pat. Office 46 (Jan. 5, 2010). The USPTO indicated that to be ensured of consideration, written comments must be received on or before February 8, 2010. See Request for Comments on Enhancement in the Quality of Patents, 74 FR at 65094, 1350 Off. Gaz. Pat. Office at 46. The USPTO is extending the period for submission of public comments until March 8, 2010.
Dated: January 26, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2036 Filed 1-29-10; 8:45 am]
Friday, January 29, 2010
Legal Tips for Entrepreneurs
On Feb. 3, 2010 from 9:00-11:00 a.m. the University of Houston Small Business Development Center is hosting a legal tips workshop to cover key issues every business should know. Details are available at http://www.sbdc.uh.edu/assnfe/ev.asp?ID=796.
Tuesday, January 26, 2010
Patent Secrecy and License to Export
[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices][Page 3704-3705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja10-25]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Secrecy and License To Export
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr22ja10-25
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SUPPLEMENTARY INFORMATION:
I. Abstract
In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications for patents in foreign countries. Whenever publication or disclosure by the publication of an application, in the opinion of the head of the interested Government agency, is determined to be detrimental to national security, the Commissioner for Patents at the United States Patent and Trademark Office (USPTO) must issue a secrecy order and withhold the grant of a patent for such period as the national interest requires. If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order is in effect. The USPTO collects information to determine whether the patent laws and rules have been complied with and to grant or revoke licenses to file abroad when appropriate. This collection of information is required by 35 U.S.C.181-188 and administered through 37 CFR 5.1-5.33.
There are no forms associated with this collection of information.
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 will also become a matter of public record.
Dated: January 14, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-1161 Filed 1-21-10; 8:45 am]
BILLING CODE 3510-16-P
[Notices][Page 3704-3705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja10-25]
========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Secrecy and License To Export
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr22ja10-25
-----------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. Abstract
In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications for patents in foreign countries. Whenever publication or disclosure by the publication of an application, in the opinion of the head of the interested Government agency, is determined to be detrimental to national security, the Commissioner for Patents at the United States Patent and Trademark Office (USPTO) must issue a secrecy order and withhold the grant of a patent for such period as the national interest requires. If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order is in effect. The USPTO collects information to determine whether the patent laws and rules have been complied with and to grant or revoke licenses to file abroad when appropriate. This collection of information is required by 35 U.S.C.181-188 and administered through 37 CFR 5.1-5.33.
There are no forms associated with this collection of information.
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 will also become a matter of public record.
Dated: January 14, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-1161 Filed 1-21-10; 8:45 am]
BILLING CODE 3510-16-P
Tuesday, January 19, 2010
Green Technology Pilot Program
[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Notices][Page 1591-1592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja10-39]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Green Technology Pilot Program
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr12ja10-39
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 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 March 15, 2010.
ADDRESSES: You may submit comments by any of the following methods:
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) is implementing a streamlined examination pilot program for patent applications pertaining to green technologies, including greenhouse gas reduction.
[[Page 1592]]
The green technology pilot program will permit patent applications pertaining to green technology, i.e., environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, to be accorded special status for examination using an expedited procedure that is similar to the existing first action interview pilot program without meeting the current requirements of the accelerated examination program. The first action interview pilot and accelerated examination programs are both covered under OMB Control Number 0651-0031.
This pilot will support national and international green technology initiatives and is expected to run for six months.
[Notices][Page 1591-1592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja10-39]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Green Technology Pilot Program
ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr12ja10-39
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 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 March 15, 2010.
ADDRESSES: You may submit comments by any of the following methods:
- E-mail: Susan.Fawcett@uspto.gov. Include A0651-0062 Green
Technology Pilot Program 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, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
- Federal Rulemaking Portal: http://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) is implementing a streamlined examination pilot program for patent applications pertaining to green technologies, including greenhouse gas reduction.
[[Page 1592]]
The green technology pilot program will permit patent applications pertaining to green technology, i.e., environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, to be accorded special status for examination using an expedited procedure that is similar to the existing first action interview pilot program without meeting the current requirements of the accelerated examination program. The first action interview pilot and accelerated examination programs are both covered under OMB Control Number 0651-0031.
This pilot will support national and international green technology initiatives and is expected to run for six months.
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