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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