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

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:
  • 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.
FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Brian Hanlon, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-5047; or by e-mail at Brian.Hanlon@uspto.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.

Monday, January 11, 2010

Federal Register: Public Key Infrastructure Certificates

[Federal Register: December 17, 2009 (Volume 74, Number 241)]

[Notices][Page 66955-66958]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17de09-24]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2009-0055]

Revised Procedure for Public Key Infrastructure Certificates

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr17de09-24

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SUMMARY: The United States Patent and Trademark Office (USPTO)published a notice on Legal Framework for Electronic Filing System-Web(EFS-Web) to set forth the current policy and procedure for using EFS-Web and to permit a holder of a public key infrastructure (PKI)certificate to designate a single employee of a contractor who may use the PKI certificate under the direction and control of the holder. The USPTO received many suggestions and inquiries from users of EFS-Web and the Patent Application Information Retrieval (PAIR) system. In response to the suggestions, the USPTO is expanding the procedure for PKI certificates to permit a holder of a PKI certificate to designate more than one employee to use the PKI certificate under the direction and control of the holder in accordance with the revised PKI subscriber agreement and the rules and policies of the USPTO.

DATES: Effective Date: December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Joni Y. Chang, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7720, or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Inquiries regarding EFS-Web and other USPTO information technology (IT) systems may be directed to the Patent Electronic Business Center(Patent EBC), by telephone: 1-866-217-9197 (toll-free) and 571-272-4100, or by e-mail: ebc@uspto.gov.

Inquiries regarding IT policy for U.S. national patent applications may be directed to Mark Polutta (571-272-7709), Senior Legal Advisor, Office of Patent Legal Administration.

Inquiries regarding IT policy for international patent applications may be directed to Tamara Graysay (571-272-6728), Special Program Examiner, Office of Patent Cooperation Treaty (PCT) Legal Administration.

Friday, January 8, 2010

Federal Register: New Information Collection for Patent Reexaminations

[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices][Page 68567-68568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de09-37]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office
Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and Trademark Office (USPTO).
Title: Patent Reexaminations.
Form Number(s): PTO/SB/57 and PTO/SB/58.
Agency Approval Number: 0651-00XX.
Type of Request: New collection.
Burden: 161,128 hours annually.
Number of Respondents: 5,124 responses per year.
Average Hours per Response: The USPTO estimates that it will take the public approximately 18 minutes (0.30 hours) to 148 hours to gather the necessary information, prepare the appropriate form or other documents, and submit the information to the USPTO.

Needs and Uses: The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes reexamination allowing third parties to participate throughout the reexamination proceeding. The rules outlining ex parte and inter partes reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.

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

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

The public uses this information collection to request reexamination

[[Page 68568]]

proceedings and to ensure that the associated fees and documentation are submitted to the USPTO.
Affected Public: Individuals or households; businesses or otherfor-profits; and not-for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov
.

Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at http://www.reginfo.gov.
Paper copies can be obtained by:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-00XX Patent Reexaminations copy request'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Written comments and recommendations for the proposed information collection should be sent on or before January 27, 2010 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: December 17, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-30626 Filed 12-24-09; 8:45 am]

BILLING CODE 3510-16-P

Federal Register: Treating Rejected Unappealed Patent Claims

[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices][Page 66097-66098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de09-28][[Page 66097]]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2009-0020]

Procedure for Treating Rejected Claims That Are Not Being Appealed

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr14de09-28

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SUMMARY: The United States Patent and Trademark Office (USPTO) is considering changes to the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. Under the proposed procedure, if appellant files a notice of appeal, or an appeal brief, that clearly identifies fewer than all of the rejected claims as being appealed, the non-appealed rejected claims would be deemed canceled by operation of this action on the part of the appellant as of the date on which such a notice of appeal, or appeal brief, is filed, regardless of whether the appellant also files an amendment canceling the non-appealed rejected claims. The USPTO is requesting comments from the public regarding the proposed procedure set forth in this notice.

COMMENT DEADLINE DATE: To be ensured of consideration, written comments must be received on or before January 13, 2010. No public hearing will be held.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to PatentPractice@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 Joni Y. Chang. Although comments may be submitted by mail, the Office 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 Office's 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: Joni Y. Chang, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, directly by telephone to (571) 272-7720, or by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.