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
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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.
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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]                        
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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

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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.
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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]
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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.
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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.










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